Agenda packet, regular meeting — West Covina City Council, September 5, 2023 (part 1 of 3)

CITY OF WEST COVINA

CITY COUNCIL/SUCCESSOR AGENCY
SEPTEMBER 5, 2023, 7:00 PM
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
Mayor Rosario Diaz
Mayor Pro Tem Brian Tabatabai
Councilman Tony Wu
Councilwoman Letty Lopez-Viado
Councilman Ollie Cantos
Please turn off all cell phones and other electronic devices prior to entering the Council Chambers

AMERICANS WITH DISABILITIES ACT
The City complies with the Americans with Disabilities Act (ADA). If you will need special assistance at Council meetings, please call (626) 939-8433 (voice) or (626) 960-4422 (TTY) from 8 to 5 Monday through Thursday. Do call at least one day prior to the meeting date to inform us of your particular needs and to determine if accommodation is possible. For sign language interpreter services at Council meetings, please request no less than four working days prior to the meeting.

AGENDA MATERIAL
Agenda material is available for review at the City Clerk's Office, Room 317 in City Hall, 1444 W. Garvey Avenue South, West Covina and at www.westcovina.org. Any writings or documents regarding any item on this agenda, not exempt from public disclosure, provided to a majority of the City Council that is distributed less than 72 hours before the meeting, will be made available for public inspection in the City Clerk’s Office, Room 317 of City Hall located at 1444 W. Garvey Avenue South, West Covina, during normal business hours.

NOTICE
The City Council will regularly convene on the first and third Tuesday of the month. The West Covina Community Development Commission, West Covina Public Financing Authority and the West Covina Community Services Foundation are agencies on which the City Council serves as members. Agendas may contain items for these boards, as necessary.

PUBLIC COMMENTS

ADDRESSING THE CITY COUNCIL
(Per WCMC 2-48, Ordinance No. 2150)
Any person wishing to address the City Council on any matter listed on the agenda or on any other matter within their jurisdiction should complete a speaker card that is provided at the entrance to the Council Chambers and submit the card to the City Clerk.

Please identify on the speaker card whether you are speaking on an agenda item or non-agenda. Requests to speak on agenda items will be heard prior to requests to speak on non-agenda items. All comments are limited to five (5) minutes per speaker.

Oral Communications may be limited to thirty (30) minutes, unless speakers addressing agenda items have not concluded.

Any testimony or comments regarding a matter set for a Public Hearing will be heard during the hearing.

RULES OF DECORUM
Excerpts from the West Covina Municipal Code and Penal Code pertaining to the Rules of Decorum will be found at the end of agenda.

AGENDA
AGENDA

CITY OF WEST COVINA

CITY COUNCIL/SUCCESSOR AGENCY

TUESDAY SEPTEMBER 5, 2023, 7:00 PM

REGULAR MEETING

INVOCATION
Led by Pastor Samuel Martinez from Amazing Love Ministries

PLEDGE OF ALLEGIANCE
Led by Councilman Cantos

ROLL CALL

REPORTING OUT FROM CLOSED SESSION

PRESENTATIONS
Certificate of Recognition Honoring Sherry Fischer as 2023 Citizen of the Year Certificate of Recognition Honoring West Covina Little League's 2023 Season Accomplishments ORAL COMMUNICATIONS - Five (5) minutes per speaker
Please step forward to the podium and state your name and city of residence for the record when recognized by the Mayor.

CITY MANAGER'S REPORT
City Manager's report on current City projects.

CONSENT CALENDAR
All matters listed under CONSENT CALENDAR are considered to be routine and can be acted on by one roll call vote.

There will be no separate discussion of these items unless members of the City Council/Community Development Commission request specific items to be removed from the Consent Calendar for separate discussion or action.

APPROVAL OF MEETING MINUTES
1) CONSIDERATION OF APPROVAL OF THE AUGUST 15, 2023, CITY

COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES AND THE AUGUST 15, 2023, CITY COUNCIL/SUCCESSOR AGENCY REGULAR CLOSED SESSION MEETING MINUTES.

Consideration of Approval of the August 15, 2023, City Council/Successor Agency Regular Session Meeting Minutes and the August 15, 2023, City Council/Successor Agency Regular Closed Session Meeting Minutes.

ORDINANCES FOR ADOPTION - Procedural Waiver. Waive full reading of each ordinance on the agenda and authorize the approval of each ordinance by title only. 2) CONSIDERATION OF THE SECOND READING OF ORDINANCE NO. 2515 - PERTAINING

TO REQUIREMENTS AND STANDARDS ALLOWING BEER AND WINE SALES AT

SERVICE STATIONS AS AN AUXILIARY USE
It is recommended that the City Council adopt the following ordinance:

It is recommended that the City Council adopt the following ordinance:

ORDINANCE NO. 2515 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA TO AMEND CHAPTER 26 OF THE WEST COVINA

MUNICIPAL CODE TO ALLOW ALCOHOL (BEER AND WINE) SALES AT SERVICE

STATIONS AND FINDING THE ORDINANCE IS EXEMPT FROM ENVIRONMENTAL

REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3)
3) AN ORDINANCE ADOPTING AN AMENDED MILITARY EQUIPMENT POLICY GOVERNING

THE USE OF MILITARY EQUIPMENT
It is recommended that the City Council adopt the following ordinance:

ORDINANCE NO. 2516 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA, ADOPTING AN AMENDED MILITARY EQUIPMENT

POLICY GOVERNING THE USE OF MILITARY EQUIPMENT PURSUANT TO ASSEMBLY BILL 481

COMMUNITY DEVELOPMENT
4) CONSIDERATION OF ACCEPTANCE OF WORK FOR SOLAR PV SYSTEM CONSTRUCTION PROJECT - PROJECT NO. 20418
It is recommended that the City Council accept the work performed by Motive Energy Storage Systems, Inc. (MESSI) for the Solar PV System Construction Project (Project No. 21033) with a final contract amount of $4,673,215.34.
5) CONSIDERATION OF CONSTRUCTION AGREEMENT FOR CORTEZ PARK SPORTS FIELD LIGHTING - PROJECT NO. 22016
It is recommended that the City Council take the following actions:

1. Award the construction agreement for the Cortez Park Sports Field Lighting Project (Project No. 22016) to F.E.C. Electric, Inc. as the lowest responsible bidder;

2. Authorize the Acting City Manager to execute an agreement with F.E.C. Electric, Inc. for $233,500.00;

3. Authorize the City Manager to negotiate and execute any amendments up to 15% of the awarded agreement amount;

4. Find that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15302 (Replacement or Reconstruction).
6) CONSIDERATION OF MEMORANDUM OF AGREEMENT WITH THE COUNTY OF LOS ANGELES AND THE CITIES OF BALDWIN PARK. COVINA, GLENDORA, INDUSTRY, LA

PUENTE, AND SOUTH EL MONTE REGARDING IMPLEMENTATION OF THE

COORDINATED INTEGRATED MONITORING PROGRAM FOR THE UPPER SAN GABRIEL

RIVER WATERSHED
It is recommended that the City Council authorize the Acting City Manager to execute the Memorandum of Agreement between West Covina and the County of Los Angeles, the Los Angeles Flood Control District, and the Cities of Baldwin Park, Covina, Glendora, Industry, La Puente and South El Monte regarding the administration and cost sharing for the implementation of the Coordinated Integrated Monitoring Program for the Upper San Gabriel River Watershed.

HUMAN RESOURCES/RISK MANAGEMENT
7) CONSIDERATION OF PERSONNEL RULES AND EMPLOYER-EMPLOYEE RELATIONS

RESOLUTION
It is recommended that the City Council approve the following:

RESOLUTION NO. 2023-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA, ADOPTING NEW PERSONNEL RULES
RESOLUTION NO. 2023-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA, ADOPTING THE EMPLOYER-EMPLOYEE

RELATIONS RESOLUTION
8) CONSIDERATION OF NEW JOB CLASSIFICATIONS AND SPECIFICATIONS FOR

LANDSCAPE MAINTENANCE LEAD-WORKER AND MAINTENANCE SUPERVISOR It is recommended that the City Council adopt the following resolutions:

RESOLUTION NO. 2023-74 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF WEST COVINA, CALIFORNIA, APPROVING THE ESTABLISHMENT OF THE LANDSCAPE MAINTENANCE LEAD-WORKER CLASSIFICATION; AND
RESOLUTION NO. 2023-75 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF WEST COVINA, CALIFORNIA, APPROVING THE ESTABLISHMENT OF THE

MAINTENANCE SUPERVISOR CLASSIFICATION

POLICE DEPARTMENT
9) CONSIDERATION OF INCREASING THE HOURLY PAY RATE FOR THE PART-TIME

POLICE CADET POSITION AND THE AUXILIARY SAFETY RESERVE OFFICER POSITIONS.

Staff recommends that the City Council adopt the following resolution:

RESOLUTION NO. 2023-63 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF WEST COVINA, CALIFORNIA, AMENDING THE LIMITED SERVICE COMPENSATION SCHEDULE AND REPEALING RESOLUTION NO. 2022-128 10) CONSIDERATION OF AWARD OF BID FOR POLICE DEPARTMENT BODY-WORN AND

IN-CAR CAMERA SYSTEM
It is recommended that the City Council take the following actions:

Award Request for Proposals (RFP) No. 31-010 to Axon Enterprise, Inc. for the Police Department body-worn cameras, in-car cameras, and digital evidence management system; and

1. Authorize the Acting City Manager to negotiate and execute a Master Services and Purchasing Agreement and related documents with Axon Enterprise, Inc., in an amount not exceeding $1,510,069.55 over five years, in such final form as approved by the City Attorney.

2. PUBLIC SERVICES
11) CONSIDERATION OF AWARD OF REQUEST FOR PROPOSALS NO. 61-021 FOR 11) CONSIDERATION OF AWARD OF REQUEST FOR PROPOSALS NO. 61-021 FOR

LANDSCAPE AND MAINTENANCE SERVICES FOR LANDSCAPE MAINTENANCE

DISTRICTS AND SPORTSPLEX COASTAL SAGE AND SCRUB AREAS
It is recommended that the City Council authorize the Acting City Manager to take the following actions:

Terminate existing agreement with Merchants Landscape Services, Inc. expiring December 31, 2023.

1. Award contract for Request for Proposal (RFP) No. 06-021 to Merchants Landscape Services, Inc. (Merchants) for landscape and maintenance of landscape maintenance districts and Sportsplex Coastal Sage and Scrub areas.

2. Authorize the Acting City Manager to negotiate and execute an agreement, in such final form as approved by the City Attorney, with Merchants Landscape Services, Inc. in the amount of $3,840,000 for a five (5) year term.

3. 12) CONSIDERATION OF MOVE WC - UBER SERVICE AREA
It is recommended that the City Council:

Approve including travel to and from Metrolink Stations in Baldwin Park and Covina, as well as Metro A (Blue) Rail Line Stations in Irwindale and Azusa, in the service area of the Move WC Program.

1. Authorize the Acting City Manager to execute amendments to the Uber Central Agreement and Uber Vouchers for Transit Agencies Agreement to reflect the revisions to the service area, in substantially the form as attached an in such final form as approved by the City Attorney.

2. 13) CONSIDERATION OF RATIFICATION OF AMENDMENT TO SUBAWARD AGREEMENT

WITH COUNTY OF LOS ANGELES AGING AND DISABILITIES

DEPARTMENT FOR OLDER AMERICANS ACT FUNDS FOR THE SENIOR MEALS

PROGRAM
It is recommended that the City Council take the following actions:

Ratify Amendment Eleven to Elderly Nutrition Program (ENP) Subaward Number ENP202111 with the County of Los Angeles through its Aging and Disabilities Department and approve the acceptance of Older Americans Act Funds through the subaward; and

1. Authorize the City Manager to negotiate and execute agreements and approve purchase orders for meals from vendors on the County's list of approved caterers.

2. 14) APPROVAL OF PURCHASE ORDER FOR FORD FLEET CARE
It is recommended that the City Council:

Authorize the Acting City Manager to issue a purchase order to Ford Fleet Care utilizing the Sourcewell Cooperative Purchasing Agreement for Fiscal Year 2023-2024.

1. Authorize the Acting City Manager to execute any purchase order change orders within the FY2023-24 budget for Fund 365, Fleet Management.

2. END OF CONSENT CALENDAR

MAYOR/COUNCILMEMBERS REPORTS
AB 1234 Conference and Meeting Report (verbal, if any)
(In accordance with AB 1234, Councilmembers shall make a brief report or file a written report on any meeting/event/conference attended at City expense.)

CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION

CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION (Per City of West Covina Standing Rules 4.f - Requests for reports, studies, or investigations that are not readily available must be placed on the City Council/Successor Agency agenda as items of business and must be approved by a majority of the City Council/Successor Agency Board.)

CITY COUNCIL COMMENTS

ADJOURNMENT
Next Tentative City Council Meeting
Regular Meeting September 19, 2023 7:00 PM

RULES OF DECORUM
The following are excerpts from the West Covina Municipal Code:

Sec. 2-48. Manner of addressing council; time limit; persons addressing may be sworn.

Each person addressing the council shall step up to the rostrum, shall give his or her name and city of residence in an audible tone of voice for the record and unless further time is granted by the council, shall limit his or her address to five (5) minutes. a.
b. The city council may establish a limit on the duration of oral communications.

All remarks shall be addressed to the council as a body and not to any member thereof. No person, other than the council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the council, without the permission of the presiding officer. No question shall be asked of a councilmember except through the presiding officer. c.

The presiding officer may require any person to be sworn as a witness before addressing the council on any subject. Any such person who, having taken an oath that he or she will testify truthfully, willfully and contrary to such oath states as true any material matter which he knows to be false may be held to answer criminally and subject to the penalty prescribed for perjury by the provisions of the Penal Code of the state.
d.

Sec. 2-50. Decorum--Required.

While the council is in session, the members shall preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or disrupt the proceedings or the peace of the council nor interrupt any member while speaking or refuse to obey the orders of the council or its presiding officer, except as otherwise herein provided. a.

Members of the public shall not willfully disrupt the meeting or act in a manner that actually impairs the orderly conduct of the meeting.

For the purposes of this code, “willfully disrupt” includes, but is not limited to, continuing to do any of the following after being warned by the Mayor that continuing to do so will be a violation of the law:
a. Addressing the Mayor and City Council without first being recognized. b. Persisting in addressing a subject or subjects, other than that before the Mayor and City Council. c. Repetitiously addressing the same subject.
d. Failing to relinquish the podium when directed to do so.

From the audience, interrupting or attempting to interrupt, a speaker, the Mayor, a council member, or a staff member or shouting or attempting to shout over a speaker, the Mayor, a council member or a staff member. e.

As a speaker, interrupting or attempting to interrupt the Mayor, a council member, or a staff member, or shouting over or attempting to shout over the Mayor, a council member, or a staff member. Nothing in this section or any rules of the council shall be construed to prohibit public criticism of the policies, procedures, programs, or services of the City or of the acts or omissions of the City Council. It shall be unlawful to violate the provisions of this Section. f.
b.

If any subsection, sentence, clause, or phrase or word of this Section 2-50 is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Section. The City Council hereby declares that it would have passed this section and each subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more subsections, sentences, clauses, phrases or words had been declared invalid or unconstitutional.

Sec. 2-52. Persons authorized to be within council area.

No person, except city officials, their representatives and members of the news media shall be permitted within the rail in front of the council chamber without the express consent of the council.

The following are excerpts from the Penal Code
148(a) (1) Every Person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment. 403 Every person who, without authority of law, willfully disturbs or breaks up any assembly or meeting that is not unlawful in its character, 403 Every person who, without authority of law, willfully disturbs or breaks up any assembly or meeting that is not unlawful in its character, other than an assembly or meeting referred to in Section 303 of the Penal Code or Section 18340 of the Elections Code, is guilty of a misdemeanor.

AGENDA ITEM NO. 1

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: September 5, 2023
TO: Mayor and City Council
FROM: Paulina Morales
Acting City Manager
SUBJECT: CONSIDERATION OF APPROVAL OF THE AUGUST 15, 2023, CITY

COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES AND THE AUGUST 15, 2023, CITY COUNCIL/SUCCESSOR AGENCY REGULAR CLOSED SESSION MEETING MINUTES.

RECOMMENDATION:

Prepared by: Lisa Sherrick, Assistant City Clerk
Attachments
Attachment No. 1 - 8/15/2023 Regular Meeting Minutes
Attachment No. 2 - 8/15/2023 Closes Session Minutes
CITY COUNCIL GOALS & OBJECTIVES: Enhance City Image and Effectiveness ATTACHMENT NO. 1

CITY OF WEST COVINA

CITY COUNCIL/SUCCESSOR AGENCY
AUGUST 15, 2023, 7:00 PM

REGULAR MEETING

CITY HALL COUNCIL CHAMBERS
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
Mayor Rosario Diaz
Mayor Pro Tem Brian Tabatabai
Councilman Tony Wu
Councilwoman Letty Lopez-Viado
Councilman Ollie Cantos

MINUTES

CALL TO ORDER
A Regular Session Meeting was called to order by Mayor Rosario Diaz on Tuesday, August 15th, 2023, at 7:07 p.m., in the Council Chambers, 1444 West Garvey Avenue South, West Covina, California

INVOCATION
Led by Pastor Matt Chavez from One & All

PLEDGE OF ALLEGIANCE
Led by Mayor Diaz

ROLL CALL

Present: Council Members Tony Wu, Letty Lopez-Viado, Cantos, Mayor Pro Tem Brian Tabatabai, Mayor Rosario Diaz
ATTACHMENT NO. 1

REPORTING OUT FROM CLOSED SESSION
City Attorney Thomas Duarte reported that no reportable action was taken during the Closed Session Meeting.

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code § 54956.9(d)(1)

1. William Mansour v. City of West Covina (LA Superior Court, Case No. 21STCV08130)

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Pursuant to Government Code § 54956.8

1. Property: Property: 811 S. Sunset Ave, West Covina CA 91790 APN:
8468-016-904
Agency Negotiator: Morales, Duarte, Hildebrand
Negotiating Parties: The Olson Company, Day 3 Investments, LLC, City Ventures, Griffin Swinerton, Envision Hotel Partners, LLC, MLC Holdings, Inc.

Under Negotiations: Price and Terms of Purchase

2. Property: Property: City Owned Parcel Adjacent to Plaza West Covina APN: 8474-007-940
Agency Negotiator: Morales, Duarte, Hildebrand
Negotiating Parties: Project Passion, LLC
Under Negotiation: Price and Terms of Purchase

3. PUBLIC EMPLOYEE APPOINTMENT - Pursuant to Government Code §54957(b)(1) Title: City Manager

4. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
City Negotiators: Morales, Duarte
Employee Organizations
• Confidential Employees
• Maintenance & Crafts Employees
• Non-Sworn
• W.C. Police Officers’ Association
• W.C. Firefighters’ Management Assoc.
• W.C. Firefighters’ Association, I.A.F.F., Local 3226
ATTACHMENT NO. 1
• General Employees
• Mid-Management Employees
• W.C. Police Management Association
Unrepresented Employee Group
• Department Heads

ADJOURNMENT
The City Council Meeting was Adjourned in Carolyn Arndt’s name.

PRESENTATIONS
• Certificate of Recognition Honoring Albert Nunez as Paramedic of the Year 2023 from Emanate Hospital (Queen of the Valley)
• Presentation of Check to the West Covina Community Services Foundation and Film It from West Covina Education

ORAL COMMUNICATIONS
John Shewmaker
Jill Dolan
Dr. Martha Garcia
Matthew Smith
Bill Elliot
David Schwartz
Glenn Kennedy
R. Robinson
J.D

CITY MANAGER'S REPORT
Presentation given by Ms. Morales

CONSENT CALENDAR
ACTION: Motion by Councilman Wu, Second by Councilman Cantos 5-0 to:

Approve Consent Calendar Items 1 through 5 except for item 2 ACTION: Motion by Mayor Pro Tem Tabatabai, Second by Councilwoman LopezViado 5-0 to: Approve Consent Calendar Item 2 (This item was pulled for discussion by Mayor Pro Tem Tabatabai).

APPROVAL OF MEETING MINUTES
ATTACHMENT NO. 1
1) CONSIDERATION OF APPROVAL OF THE JULY 18, 2023, CITY

COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES AND THE JULY 18, 2023, CITY COUNCIL/SUCCESSOR AGENCY REGULAR CLOSED SESSION MEETING MINUTES.

Carried 5-0 to: approve the July 18, 2023, City Council/successor Agency Regular Session Meeting Minutes and the July 18, 2023, City Council/successor Agency Regular Closed Session Meeting Minutes.

CITY MANAGER'S OFFICE
2) CONSIDERATION OF PROPOSED APPOINTMENT OF ACTING HUMAN

RESOURCES AND RISK MANAGEMENT DIRECTOR
Carried 5-0 to: approve the Acting City Manager's proposed appointment of Stephanie Sikkema as Acting Human Resources and Risk Management Director effective June 1, 2023.

FINANCE DEPARTMENT
3) CONSIDERATION OF NEW CONTRACT FOR MICROSOFT ENTERPRISE AGREEMENT WITH DELL MARKETING L.P.

Carried 5-0 to: approve the following:

1. Approve a new three-year agreement with Dell Marketing LP in the amount of $139,704.67 per year for a total of $419,114.01 for the City Hall’s Microsoft Enterprise Agreement product licenses and support services, on the same terms and conditions afforded to Riverside County through the Licensing Solution Provider Agreement Number PSA 0001524 and Riverside County's
Microsoft Enterprise Agreement (Master Agreement No. 8084445).

2. Approve a new three-year agreement with Dell Marketing LP in the amount of in the amount of $74,622.15 per year for a total of $223,866.45 for the Police Department's Microsoft Enterprise Agreement product licenses and support services, on the same terms and conditions afforded to Riverside County through the Licensing Solution Provider Agreement Number PSA 0001524 and Riverside County's Microsoft Enterprise Agreement (Master Agreement No. 8084445).

3. Authorize the Acting City Manager to execute the new agreements and any documents necessary in connection with the agreements for both City Hall and the Police Department, in such final form as approved by the City Attorney.

ATTACHMENT NO. 1

POLICE DEPARTMENT
4) AN ORDINANCE ADOPTING AN AMENDED MILITARY EQUIPMENT POLICY

GOVERNING THE USE OF MILITARY EQUIPMENT
Carried 5-0 to: introduce the following ordinance:

ORDINANCE NO. 2516 – AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING AN AMENDED

MILITARY EQUIPMENT POLICY GOVERNING THE USE OF MILITARY EQUIPMENT PURSUANT TO ASSEMBLY BILL 481
5) CONSIDERATION OF APPLICATION FOR 2023 JUSTICE ASSISTANCE GRANT FROM U.S. DEPARTMENT OF JUSTICE
Carried 5-0 to: review the proposed FY 2023 Edward Byrne Memorial Justice Assistance Grant (“JAG”) Program application items and authorize the following:

1. Submittal of the application and acceptance of the award totaling $20,869; and

2. Designation of the Mayor, Acting City Manager and Acting City Manager's designee to certify and execute all grant related documents.

END OF CONSENT CALENDAR

HEARINGS

PUBLIC HEARINGS
6) PUBLIC HEARING REGARDING CODE AMENDMENT NO. 23-02 AND ORDINANCE NO. 2515 PERTAINING TO REQUIREMENTS AND

STANDARDS THAT WOULD ALLOW BEER AND WINE SALES AT SERVICE

STATIONS AS AN AUXILIARY USE
Public Comments in Favor
Rosemarie Valerio
Patricia Valerro
Henry Ghalambar
Hoshi
Jamie Shepherd
Herbert Monterrosa
Soohi Shoker
Sally Moraca
Mario Sebalvarro
Mr. G
ATTACHMENT NO. 1
Public Comments Neither in Favor nor Opposed
Jerri Potras
Glen Kennedy
Public Comments in Opposition.

Shahrzad Shuzgher
JD
Steve Bennett
---End of Public Comment---
ACTION: Motion by Councilman Wu, Second by Councilman
Cantos 5-1 (No: Tabatabai) to: take the following actions: Conduct the public hearing; and approve the proposed ordinance with the following exceptions: adding flock cameras as a condition of approval, and removing the language regarding payphones.

ORDINANCE NO. 2515 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA TO AMEND CHAPTER 26

OF THE WEST COVINA MUNICIPAL CODE TO ALLOW ALCOHOL
(BEER AND WINE) SALES AT SERVICE STATIONS AND FINDING THE

ORDINANCE IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3)

DEPARTMENTAL REGULAR MATTERS

CITY CLERK'S OFFICE
7) COST OF SERVICES STUDY
Carried 5-0 to: take the following actions:

1. Receive and file the Cost of Services Study Prepared by Revenue & Cost Specialists, LLC;

2. Direct that the Cost of Services study be publicly disseminated, including at community workshops on August 28, 2023, and September 6, 2023; and

3. Schedule a public hearing for consideration of approval of the new fee schedule at the October 3, 2023, City Council Meeting.

ATTACHMENT NO. 1
8) CONSIDERATION OF DESIGNATION OF VOTING DELEGATE AND
ALTERNATES FOR LEAGUE OF CALIFORNIA CITIES 2023 ANNUAL

CONFERENCE GENERAL ASSEMBLY
Carried 5-0 to: designate Mayor Diaz as voting delegate and Councilman Cantos as voting delegate alternative for the League of California Cities 2023 Annual Conference and Expo, Annual Business Meeting (during General Assembly).

PUBLIC SERVICES
9) CONSIDERATION OF TRANSIT OPTIONS AND TRANSPORTATION AND LEASE AGREEMENTS WITH MV TRANSPORTATION, INC.

Carried 5-0 to: take the following actions:

1. Provide staff direction relative to a preferred transit option to move forward with a procurement process;

2. Approve a one (1) year extension to both the Transportation Services Agreement and the Lease Agreement with MV Transportation, Inc., extending the terms of both agreements through September 2, 2024; and

3. Authorize the Acting City Manager to negotiate and execute all necessary documents, in such final form as approved by the City Attorney, to carry out the City Council's direction.

MAYOR/COUNCILMEMBERS REPORTS

CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION

CITY COUNCIL COMMENTS
The following comments by Council were made:
• Councilman Cantos thanked the community for their support in donating school supplies to West Covina students.
• Councilman Wu reminded everybody that Film It West Covina will take place Friday, August 18th at 6:00 pm.
• Mayor Pro Tem Tabatabai expressed his condolences for the passing of Carolyn Arndt.
• Councilwoman Lopez-Viado shared her concern for safety in the city and the rising crime in LA County. She noted the increased graffiti and requested the city send out reminders to residents on the different ways they can report it. She also thanked the West Covina Police Department for all their work. • Councilwoman Lopez-Viado asked for a follow up on her previous request for the city to consider having their own prosecutor.

ATTACHMENT NO. 1
• Councilman Wu expressed the difference he believes the installation of flock cameras will have on crime in the city.
• Mayor Diaz agreed with Councilwoman Lopez Viado and Councilman Wu’s sentiments regarding crime.

ADJOURNMENT
A motion to adjourn the Regular Meeting was made by Mayor Diaz, and the meeting was adjourned at 11:42 p.m. The next regularly scheduled Regular City Council Meeting will be held on Tuesday, September 5th, 2023, at 7:00 p.m. in the Council Chambers, 1444 West Garvey Avenue South, West Covina, California.

Submitted by:
____________________________
Lisa Sherrick
Assistant City Clerk
_______________________________
Rosario Diaz
Mayor

ATTACHMENT NO. 2

CITY OF WEST COVINA

CITY COUNCIL/SUCCESSOR AGENCY
AUGUST 15, 2023, 6:00 PM

REGULAR MEETING - CLOSED SESSION
MANAGEMENT RESOURCE CENTER 3RD FLOOR
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
Mayor Rosario Diaz
Mayor Pro Tem Brian Tabatabai
Councilman Tony Wu
Councilwoman Letty Lopez-Viado
Councilman Ollie Cantos
Minutes

CALL TO ORDER
A Regular Session Meeting was called to order by Mayor Rosario Diaz on Tuesday, August 15th, 2023, at 6:01 p.m., in the Management Resource Center Conference Room Chambers, 1444 West Garvey Avenue South, West Covina, California

ROLL CALL
Council Members

Present: Council Members Tony Wu, Ollie Cantos, Letty Lopez Viado, Mayor Pro Tem Brian Tabatabai, Mayor Rosario Diaz
Council Members

Absent: None
ATTACHMENT NO. 2
City Staff: Paulina Morales, Acting City Manager, Thomas Duarte, City Attorney, Roxanne Lerma, Assistant City Manager, Stephanie Sikkema, Finance Director and Interim Human Resources and Risk Management Director, Russell Hildebrand, City Attorney, Sally Frontman, Attorney from Kessel & Megrabyan

PUBLIC COMMENTS ON ITEMS ON THE AGENDA
None

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code § 54956.9(d)(1)

1. William Mansour v. City of West Covina (LA Superior Court, Case No. 21STCV08130)

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Pursuant to Government Code § 54956.8

Under Negotiations: Price and Terms of Purchase

3. PUBLIC EMPLOYEE APPOINTMENT - Pursuant to Government Code §54957(b)(1) Title: City Manager

4. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
City Negotiators: Morales, Duarte
Employee Organizations
• Confidential Employees
• Maintenance & Crafts Employees
• Non-Sworn
ATTACHMENT NO. 2
• W.C. Police Officers’ Association
• W.C. Firefighters’ Management Assoc.
• W.C. Firefighters’ Association, I.A.F.F., Local 3226
• General Employees
• Mid-Management Employees
• W.C. Police Management Association
Unrepresented Employee Group
• Department Heads

REPORTING OUT
City Attorney Tom Duarte stated that there was nothing to report.

ADJOURNMENT
A motion to adjourn the Closed Session Meeting was made by Mayor Diaz and the meeting was adjourned at 6:59 pm. The next regularly scheduled Closed Session City Council Meeting will be held on Tuesday September 5, 2023, at 6:00 p.m. in the Management Resource Center, 3rd Floor, 1444 West Garvey Avenue South, West Covina, California.

Submitted by:
____________________________
Lisa Sherrick
Assistant City Clerk
_______________________________
Rosario Diaz
Mayor
AGENDA ITEM NO. 2

PERTAINING TO REQUIREMENTS AND STANDARDS ALLOWING BEER AND WINE

SALES AT SERVICE STATIONS AS AN AUXILIARY USE
RECOMMENDATION:

It is recommended that the City Council adopt the following ordinance:

ORDINANCE NO. 2515 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA TO AMEND CHAPTER 26 OF THE WEST COVINA MUNICIPAL CODE

TO ALLOW ALCOHOL (BEER AND WINE) SALES AT SERVICE STATIONS AND FINDING THE

ORDINANCE IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3)
BACKGROUND:

Planning Commission Review
At the April 25, 2023 Planning Commission meeting, the Planning Commission adopted Resolution No. 23-6126 recommending that the City Council deny Code Amendment No. 23-02 with the added recommendation to consider putting this matter on the General Election ballot. The Planning Commission also directed staff to provide the City Council survey information of what if any restrictions other cities place, obtain crime impact information, provide information on economic impacts/sales tax, research including a 2,000 square foot convenience store floor area minimum as a qualifier, and research incorporating a requirement to provide information on relevant crime statistics as part of the CUP application (if adopted).

City Council Review
The City Council held a public hearing and introduced Ordinance No. 2515 at the August 15, 2023 City Council meeting. During the public hearing, several members of the public spoke both in favor and in opposition to the Ordinance. The City Council voted 4-1 to approve the draft Ordinance with the following minor revisions:

1. Removal of the outdated standard prohibiting pay phones Revision of the standard pertaining to the prohibition of video games, as staff recommended, to clarify that systems utilizing other means of payment are included

2. 3. Inclusion of a requirement for the installation of a Flock Safety camera with license plate recognition that is integrated with the West Covina Police Department's system.

DISCUSSION:

Ordinance No. 2515 has been revised to reflect the City Council's direction during the August 15, 2023 public hearing.

The adoption of the ordinance does not automatically allow the issuance of an alcohol license for service stations to sell beer and wine for off-site consumption. The adoption of the ordinance allows owners of service stations the ability to apply for a conditional use permit for Planning Commission consideration through a public hearing process. Alcohol licenses will be issued by the California Department of Alcoholic Beverage Control if the City approves the individual conditional use permit.

It is requested that the City Council adopt Ordinance No. 2515. The ordinance will take effect on the 31st day following adoption, which is on or about October 6, 2023.

General Plan Consistency
The Ordinance is consistent with Policy 2.1 (Maintain and enhance the City's current tax base) and Action 2.1a (Continue to strengthen the City's retail base) of the General Plan. The code amendment would allow service station convenience stores to better compete with similar sized markets, which may improve their generation of taxable sales for the City.

LEGAL REVIEW:

The City Attorney's Office has reviewed the ordinance and approved it as to form.

OPTIONS:

The City Council has the following options:

1. Adopt Ordinance No. 2515; or

2. Provide alternative direction.

ENVIRONMENTAL REVIEW:

The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines, and the City's environmental procedures, and is found to be exempt pursuant to CEQA Guidelines Section 15061(b)(3), in that the proposed action consists of a code amendment, which does not have the potential for causing a significant effect on the environment.

Prepared by: Jo-Anne Burns, Planning Manager
Fiscal Impact
FISCAL IMPACT:

Per the City's sales tax consultant, HdL Companies, convenience stores with liquor typically generate approximately $7,500 in annual sales tax. However, it is also likely that new liquor sales at a convenience store may cannibalize some of the sales of liquor at other stores, so the additional annual sales tax from the liquor sold at a convenience store will be minimal.

Attachments
Attachment No. 1 - Ordinance No. 2515
CITY COUNCIL GOALS & OBJECTIVES: Expand Economic Development Opportunities ATTACHMENT NO. 1
Ordinance No. 2515

Page 1 of 4 ends

ORDINANCE NO. 2515

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA TO AMEND CHAPTER 26

OF THE WEST COVINA MUNICIPAL CODE TO ALLOW

ALCOHOL (BEER AND WINE) SALES AT SERVICE

STATIONS AND FINDING THE ORDINANCE IS EXEMPT

FROM ENVIRONMENTAL REVIEW UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3)
WHEREAS, the City’s provisions regarding alcohol uses were last updated in 2017; and
WHEREAS, the City currently does not allow alcohol sales at service stations; and WHEREAS, on February 6, 2023, Mohsen Karimi submitted a Code Amendment application requesting to amend Chapter 26 (Zoning) of the West Covina Municipal Code to allow the sale of beer and wine at service stations; and WHEREAS, on April 25, 2023, the Planning Commission conducted a duly advertised public hearing as prescribed by law regarding proposed Code Amendment No. 23-02. At the conclusion of the hearing, the Planning Commission voted to recommend that the City Council deny Code Amendment No. 23-02; and
WHEREAS, on August 15, 2023, the City Council, upon giving the required notice, conducted a duly advertised public hearing as prescribed by law on the proposed ordinance; and
WHEREAS, based on review of the State CEQA Guidelines, the City Council finds and determines that the proposed ordinance is statutorily exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment; and
WHEREAS, the City Council has duly considered all information presented to it, including written staff reports and any testimony provided at the public hearing, with all testimony received being made a part of the public record.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA DOES ORDAIN AS FOLLOWS:

SECTION 1. Amendment to Section 26-597. Section 26-597 of the West Covina Municipal Code is hereby amended to include the following use within the table, to be inserted consistent with alphabetical ordering:

Ordinance No. 2515

Page 2 of 4 ends

M M M M

R R F F F F O N R S C C M I P O
A 1 8 15 20 45 P C C C 2 3 1 P B S
Alcohol off-sale,
service stations
(see art XII, div.
15)
c c c c c c
SECTION 2. Amendment to Section 26-664. Section 26-664 of the West Covina Municipal Code is hereby amended as follows:
(a) A service station shall not be established or maintained without facilities to pump gasoline.
(b) Garage, mechanical repair service not specifically mentioned in Section 26-663, including but not limited to the following items are prohibited:
(1) Battery repair.
(2) Tire rebuilding or recapping.
(3) Painting.
(4) Body work.
(5) Steam cleaning or radiator repair.
(6) Transmission rebuilding.
(7) Motor repairs involving the removal of the head or crank case. (c) Sale of alcoholic beverages.
(d) (c) Subleasing of floor space or site area except for any use specifically authorized by section 26-663, subparagraphs (a) through (i), (k) and (m).

SECTION 3. Amendment to Section 26-685.103. Section 26-685.103 of the West Covina Municipal Code is hereby amended as follows:

An administrative use permit is required in specified commercial and manufacturing zones for any business that sells alcohol for off-site consumption., except for service stations that sell alcohol, which requires a conditional use permit pursuant to Section 26-685.103.3.

SECTION 4. Amendment to Chapter 26. Section 26-685.103.3 is hereby added to Division 15 of Article XII of Chapter 26 of the West Covina Municipal Code to read as follows:

Sec. 26-685.103.3 Service Stations Selling Beer and Wine for Off-Premises Consumption (a) Conditional Use Permit Required. Any service station located in specified commercial and manufacturing zones may sell beer and wine for off-site consumption with a conditional use permit. The sales of distilled spirits shall not be allowed. (1) The site shall comply with all current development standards for service stations as set forth in the West Covina Municipal Code, including, but not limited to, the minimum number of parking spaces prior to the approval of a conditional use permit to allow off-sale of alcohol.

Ordinance No. 2515

Page 3 of 4 ends

(b) Unless otherwise noted, the following requirements shall apply to all gasoline service stations selling beer and wine:
(1) A maximum of ten (10) percent of the retail floor area shall be allowed for the display and sale of alcohol. Merchandise stacking shall not be included in the retail floor area calculation when determining the maximum area for display and alcohol sales.
(2) The sale of beer in quantities fewer than three containers is prohibited and no alcoholic beverage shall be sold in unit quantities less than the distributor’s intended resale units.
(3) No beer and wine shall be displayed within five feet of the cash register or front door.
(4) The advertisement of beer and wine shall not be permitted at motor fuel islands. (5) Identification card reader is required to determine the authenticity of the identification that displays the age of the individual. (6) No beer and wine shall be sold from or displayed in an ice tub. (7) No coin or other fee-based operated video games or video entertainment machines shall be permitted on the premises.
(8) Signage shall be posted in the parking lot and on the exterior of the building notifying persons that alcohol shall not be consumed on the premises. (9) Signs shall be prominently posted, stating that California State Law prohibits the sale of beer and wine to persons under the age of 21 years. (10) A CCTV surveillance system shall be installed that views and records all areas within the interior of the store sales floor and the exterior of the gasoline station, including all points of ingress/egress from the street. (11) A Flock Safety camera with license plate recognition that is integrated with the Police Department’s system shall be installed at every vehicle entry/exit points for the site.

SECTION 5. Environmental Compliance. Pursuant to the provisions of the California Environmental Quality Act (“CEQA”) (California Public Resources Code Sections 21000 et seq.) and State CEQA Guidelines (Sections 15000 et seq.), the City Council finds that this Ordinance is not a “project” and further, that it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment, either directly or indirectly, and that therefore no environmental review under the CEQA is required, pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exception).

SECTION 6. Severability. If any section, subsection, sentence, clause, phrase, or portionof this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of West Covina hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

Ordinance No. 2515

Page 4 of 4 ends

SECTION 7. Certification. The City Clerk shall certify passage of this Ordinance and shall cause the same to be published as required by law.

SECTION 8. Effective Date. This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage.

PASSED, APPROVED AND ADOPTED on this 5th day of September, 2023.

Rosario Diaz
Mayor

APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
I, LISA SHERRICK, Assistant City Clerk of the City of West Covina, California, do hereby certify that the foregoing Ordinance No. 2515 was introduced at a regular meeting of the City Council held on the 15th day of August, 2023, and adopted at a regular meeting of the City Council held on the 5th day of September, 2023, by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

Lisa Sherrick
Assistant City Clerk
AGENDA ITEM NO. 3

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: September 5, 2023
TO: Mayor and City Council
FROM: Paulina Morales
Acting City Manager
SUBJECT: AN ORDINANCE ADOPTING AN AMENDED MILITARY EQUIPMENT POLICY

GOVERNING THE USE OF MILITARY EQUIPMENT
RECOMMENDATION:

It is recommended that the City Council adopt the following ordinance:

ORDINANCE NO. 2516 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST

COVINA, CALIFORNIA, ADOPTING AN AMENDED MILITARY EQUIPMENT POLICY GOVERNING THE USE OF MILITARY EQUIPMENT PURSUANT TO ASSEMBLY BILL 481 BACKGROUND:

On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 ("AB 481"), relating to the use of "military equipment" by law enforcement agencies in California. AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, and used by law enforcement agencies. AB 481, codified in California Government Code sections 7070 through 7075, requires a law enforcement agency to obtain authorization from its governing body, via adoption of a military equipment use policy via ordinance, approving the use of military equipment.

On May 17, 2022, City Council adopted Ordinance No. 2497, which adopted a Military Equipment Policy (Attachment No. 1). The ordinance went into effect on June 17, 2022.

The Police Department has identified additional items that are considered “military equipment” under AB 481. To comply with AB 481, the policy must be updated to incorporate the additional items.

At the August 15, 2023 City Council meeting, the City Council introduced Ordinance No. 2516, which will amend the current Military Equipment Policy.

DISCUSSION:

The City's military equipment inventory is set forth in Attachment No. 2. Previously approved equipment The City's military equipment inventory is set forth in Attachment No. 2. Previously approved equipment is reflected in black font. Additional proposed equipment is reflected in green font. The additional equipment is needed due to the end-of-life of the current model of Unmanned Aircraft Systems (UASs) owned and operated by the Police Department. The older model is no longer being produced and will not be able to be repaired if needed. Approving the acquisition and use of the new UASs will ensure continuous response for public safety.

These items provide trained WCPD officers with vital tools that facilitate compliance with its stringent use of force policy. It is essential that WCPD officers continue to have access to equipment that will provide as many options as possible to safeguard lives, ensure safety, and protect civil liberties. The use of these tools is vital to WCPD’s mission and will continue to be strictly regulated through internal processes and oversight.

Staff recommends that the City Council adopt Ordinance No. 2516, adopting an amended military equipment policy. The Ordinance will take effect on the 31st day following adoption, which is on or about October 6, 2023.

LEGAL REVIEW:

The City Attorney's Office has reviewed the ordinance and approved it as to form.

OPTIONS:

The City Council has the following options:

1. Adopt Ordinance No. 2516; or

2. Provide alternative direction.

Fiscal Impact
FISCAL IMPACT:

This is strictly an administrative item; therefore, there is no fiscal impact associated with this action.

Attachments
Attachment No. 1 - Ordinance No. 2497
Attachment No. 2 - Proposed Inventory
Attachment No. 3 - Ordinance No. 2516
CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety
ATTACHMENT NO. 1

Attachment
West Covina PD Policy Manual
Copyright Lexipol, LLC 2023/06/12, All Rights Reserved.

Published with permission by West Covina Police Department ***DRAFT*** WCPD Military Equipment Inventory.pdf - 6 WCPD Military Equipment Inventory.pdf
WCPD Military Equipment Inventory.pdf
ATTACHMENT NO. 2
Military Equipment Inventory
Attachment to Policy 717

1. Unmanned Aircraft System (UAS): An unmanned aircraft along with the associated equipment necessary to control it remotely.
a. Description, quantity, capabilities, and purchase cost i. DJI MAVIC MATRICE 210 | Cost: $16,910 each | Quantity: 2 | UAS weighing approximately 13.5 lbs., approximately 30 minutes of flight time, and attachments including FLIR camera, spotlight, optical zoom camera, and ability to record video. ii. DJI SPARK | Cost: $500 each | Quantity: 3 | UAS with a single-color camera, weighs approximately 0.6 lbs., approximately 15-20 minutes of flight time, and has video recording capabilities.
iii. DJI PHANTOM 4 Pro | Cost: $3,500 each | Quantity: 2 | UAS that weighs approximately 3 lbs., approximately 30 minutes of flight time, and is capable of video recording. iv. DJI Matrice 30T | Cost: $12,251.98 each | Quantity: 2 | UAS weighing approximately 8.3 lbs., approximately 40 minutes of flight time, and attachments including thermal and optical zoom camera, spotlight, speaker, and ability to record video. v. DJI Mavic | Cost: $5,498 each | Quantity: 1 | UAS weighing approximately 1.6 lbs., approximately 46 minutes of flight time, and attachments optical zoom camera, speaker, and ability to record video.
vi. DJI Mini 3 | Cost: $3,565 each | Quantity: 1 | UAS weighing approximately 0.55 lbs., approximately 34 minutes of flight time.
vii. DJI Avata | Cost: $2,422.99 each | Quantity: 2 | UAS weighing approximately 0.90 lbs., approximately 18 minutes of flight time.
b. Purpose
To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
i. Major collision investigations
ii. Search for missing persons
iii. Natural disaster management
iv. Crime scene photography
v. Special Problems Detail [Special Weapons and Tactics (SWAT)/Hostage Negotiations Team (HNT)], tactical, or other public safety and life preservation missions vi. In response to specific requests from local, state, or federal fire authorities for major incidents
c. Authorized Use
Only assigned operators who have completed the required training shall be permitted to operate any UAS during approved missions.
d. Expected Lifespan
All UAS Equipment: 3 to 7 years
e. Fiscal Impact
All UAS Equipment: Annual maintenance and battery replacement cost are approximately $0 to $3,000
f. Training
All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must attend a basic UAS operator course and ongoing bi-monthly unit training.
g. Legal and Procedural Rules
Use is established in FAA Regulation 14 CFR Part 107, and the Department’s UAS policy (Unmanned Aerial System (UAS) Operations). It is the policy of the Department to utilize UAS only for official law enforcement purposes and according to State and Federal law.

2. Unmanned, Remotely Piloted, Ground Vehicles (Robots): A remotely controlled unmanned machine that operates on the ground, which is utilized to enhance the safety of the community and officers.
a. Description, quantity, capabilities, and cost
i. iRobot PacBot Model BB2590 | Cost: $0 each | Quantity: 3 | The PacBot is a heavy-duty battery-powered robot. It has a stair-climbing ability and an arm capable of lifting several pounds. The PacBot is also equipped with a camera that can provide a live video and audio feed to the operator.
ii. iRobot PacBot PCC | Cost: $0 each | Quantity: 3 | The PacBot PCC is a suitcase-style monitor and controller that the operator uses to operate the iRobot PacBot robot. The suitcase is rugged and robust and utilizes 110 volts to operate. b. Purpose
To be used to remotely gain visual data, deliver an HNT phone, open doors, and clear buildings without requiring an officer to enter.
c. Authorized Use
Only assigned operators who have completed the required training shall be permitted to operate the robots.
d. Expected Lifespan
All robots: 3 to 5 years
e. Fiscal Impact
All robots: Annual maintenance and battery replacement cost are approximately $0 to $5,000 f. Training
All robot operators must complete an 8-hour Department training to operate the robots during live operations. Operators also complete reoccurring training throughout the year. g. Legal and Procedural Rules
It is the policy of the Department to utilize a robot only for official law enforcement purposes and according to State and Federal law.

3. Armored Vehicle: Commercially produced wheeled armored personnel vehicle utilized for law enforcement purposes.
a. Description, quantity, capabilities, and purchase cost i. 2012 BAE Systems Tactical Vehicle Systems Mine Resistant Ambush Protected (MRAP) Vehicle | Cost: $0 each (Obtained through the Federal 1033 Program) | Quantity: 1 | The Mine Resistant Ambush Protected Vehicle is an armored vehicle that seats 10 personnel with an open floor plan that allows for rescue of down personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor. Provides greater levels of survivability and mobility to navigate challenging and unpredictable environments. Greater survivability is achieved through an enhanced monolithic floor, a strengthened chassis frame, and highly effective blast absorbing seats.
ii. Cadillac Gage Commando Ranger, Peacekeeper | Cost: $0 each (Obtained through the Federal 1033 Program) | Quantity: 1 | The Peacekeeper is an armored vehicle that seats 8 personnel with an open floor plan that allows for rescue of down personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor.
iii. Lenco Bearcat, G2 | Cost: $304,630 each | Quantity: 1 | The Bearcat is an armored vehicle that seats 10 to 12 personnel with an open floor plan that allows for rescue of down personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor. b. Purpose
i. The MRAP has been exclusively designated as a Rescue Vehicle and will be referred to as the Rescue Vehicle or RV-1. The primary purpose of the Rescue Vehicle (RV-1) is to perform high-risk rescues or rapid extractions of persons during times of crisis. RV-1 is also designed to safely transport officers into positions of tactical advantage during critical incidents. RV-1 will be utilized when other Department resources are impractical. RV-1 provides greater safety to citizens and officers beyond the protection level of shield and personal body armor and can protect the occupants from IEDs or other explosive devices. ii. The primary purpose of the Peacekeeper and Bearcat is to protect employees during high-risk incidents. They are also designed to safely transport officers into positions of tactical advantage or to evacuate civilian personnel during critical incidents. Both vehicles provide greater safety to citizens and officers beyond the protection level of shield and personal body armor.
c. Authorized Use
An armored vehicle may be used if one or more of the following criteria are present:
i. Incidents where human lives may be in immediate peril ii. Incidents where a threat of confrontation by gunfire or other weapons exists iii. Incidents involving a significant threat of violence iv. Rapid response deployments
v. Acts of terror (violent attacks upon populated areas such as schools, community events, government buildings, shopping malls, and places of worship) vi. Natural disasters (significant earthquakes, major fires, floods, etc.) vii. Incidents deemed appropriate by the Chief of Police or their designee viii. Training exercises or approved demonstrations
d. Expected Lifespan
i. MRAP: Approximately 25 years
ii. Peacekeeper: Approximately 25 years
iii. Lenco Bearcat G2: Approximately 25 years
e. Fiscal Impact
i. MRAP: Annual maintenance cost of approximately $0 to $1,000 ii. Peacekeeper: Annual maintenance cost of approximately $0 to $2,000 iii. Bearcat: Annual maintenance cost of approximately $0 to $5,000 f. Training
Armored vehicles may only be operated by employees who possess the proper licensing and have been trained in the proper use of the vehicle. Employees designated as operators of one or more armored vehicles shall receive training in the safe operation and care for each vehicle and show competence before operating any of the listed armored vehicles. g. Legal and Procedural Rules
Use is established in the Manual (Vehicle Use, Vehicle Maintenance, and Specialty Vehicle Deployment). It is the policy of the Department to utilize armored vehicles for official law enforcement purposes, according to State and Federal law.

4. Command and Control Vehicles: The mobile command post (MCP) is a vehicle used as a mobile office that provides shelter, access to Department computer systems, dispatch communication consoles, radio communications, and restroom facilities during extended events. a. Description, quantity, capabilities, and purchase cost 2014 Mobile Specialty Vehicles (custom-built, using a Lone Star chassis) 40 LS Lone Star | Cost: $471,806 | Quantity: 1 | A Class A RV outfitted with radio communications, computers, computer-aided dispatch (CAD) capabilities, monitors, and restroom to function as a mobile office for members of the department during department-approved functions. b. Purpose
The purpose of the Mobile Command Post is to provide a safe and private location for employees to conduct Department business or to act as the Command Center as needed. c. Authorized Use
Only officers trained in their deployment and operations in a manner consistent with Department policy and training are authorized to operate the MCP. The Mobile Command Post may be deployed for the following:
i. Major Criminal Investigations
ii. Major Traffic Investigations
iii. Critical Incidents
iv. Natural Disasters
v. Special Problems Detail (SPD) Call-outs or Pre-Planned Events vi. Community Events
vii. Supporting or Replacing the Command Center (e.g., outages, repairs) viii. Requests of use by outside law enforcement agencies with the approval of the Chief of Police or their designee
d. Expected Lifespan
MCP: 20 years on chassis and vehicle structure
e. Fiscal Impact
MCP: Annual maintenance cost is approximately $0 to $5,000 f. Training
The MCP may only be operated by employees who possess the proper licensing and have been trained in the proper care and use of the vehicle. g. Legal and Procedural Rules
Use is established under the Manual (Vehicle Use, Vehicle Maintenance, and Specialty Vehicle Deployment). It is the policy of the Department to use the MCP only for official law enforcement purposes and following California State law regarding the operation of motor vehicles.

5. Breaching Apparatuses Explosive in Nature: Tools that are used to conduct an explosive breach.
a. Description, quantity, capabilities, and purchase cost i. Remington Model 870 BRS Breaching 12 Gauge, 11-Inch Stand-Off Barrel | Cost: $645 each | Quantity: 2 | This weapon allows for breachers to safely utilize shotgun breaching round to destroy deadbolts, locks, and hinges. The breaching stand-off device that is attached to the end of the barrel allows for positive placement of the gun into the correct position and vents gases to prevent overpressure.
ii. Mossberg 590 12 Gauge Shotgun with an Affixed 18.5” Security Breaching Barrel | Cost:
$583 each | Quantity: 2 | This weapon allows for breachers to safely utilize shotgun breaching round to destroy deadbolts, locks, and hinges. The breaching stand-off device that is attached to the end of the barrel allows for positive placement of the gun into the correct position and vents gases to prevent overpressure. iii. Royal Arms Tesar-2 Black Cap 425 Grain Copper Frangible Breaching Round | Cost: $5 each | Quantity: Not to exceed 75 | The round is fired from a breaching shotgun and is used to destroy deadbolts, locks, and hinges.
iv. Royal Arms Tesar-4 Yellow Cap 750 Grain Copper Frangible Breaching Round | Cost:
$5 each | Quantity: Not to exceed 75 | The round is fired from a breaching shotgun and is used to destroy deadbolts, locks, and hinges.
b. Purpose
Used to provide officers a way to safely gain entry into a structure. c. Authorized Use
Absent exigent circumstances, only sworn members who have completed Departmentapproved training may be issued or use breaching shotguns. The breaching rounds can also be used for training exercises or approved demonstrations. d. Expected Lifespan
i. Breaching Shotguns: 25 years
ii. Royal Arms Tesar-2 black cap 425-grain copper breaching round: 5 years iii. Royal Arms Tesar-4 yellow cap 750-grain copper frangible breaching round: 5 years e. Fiscal Impact
i. Breaching Shotguns: Annual maintenance approximately $0 to $50 ii. Breaching Round: Expected annual cost between $0 to $300 to replenish used stock f. Training
Sworn members utilizing a breaching shotgun must be certified to do so by a certified breaching instructor during Department-approved training. Additionally, members of the SPD SWAT Team will receive training on breaching shotguns bi-yearly and that training will be conducted by a certified breaching instructor in two-hour blocks. g. Legal and Procedural Rules
It is the policy of the Department to utilize breaching shotguns and the associated munitions only for official law enforcement purposes, according to State and Federal law.

6. Firearms of .50 Caliber and Ammunition: A .50 caliber bolt-action rifle is defined as a centerfire rifle that can fire a .50 BMG cartridge and is not already an assault weapon or a machinegun as defined by Penal Code section 16880. A “.50 BMG cartridge” means a cartridge that is designed and intended to be fired from a centerfire rifle and that meets all of the following criteria: It has an overall length of 5.54 inches from the base to the tip of the bullet, the bullet diameter for the cartridge is from .510 to, and including, .511 inch, the case base diameter for the cartridge is from .800 inch to, and including, .804 inch, and the cartridge case length is 3.91 inches. (Penal Code §§ 30525, 30530.)
a. Description, quantity, capabilities, and purchase cost i. McMillian TAC-50 Bolt Action Sniper Rifle | Cost: $7,100 each | Quantity: 1 | The McMillan TAC-50 is a manually operated, rotary bolt-action rifle. The large bolt has dual front locking lugs, and its body has spiral flutes to reduce weight. The heavy match-grade barrel is also fluted to dissipate heat quickly and reduce overall weight, and fitted with an effective muzzle brake to reduce recoil. The rifle is fed from detachable box magazines, holding 5 rounds each. The stock is made from fiberglass by McMillan Stocks and is designed to be used from a bipod only. The buttstock is adjustable for the length of pull with rubber spacers and can be removed for compact storage. The rifle has no open ATTACHMENT NO. 2
sights; it can be used with a variety of telescopic or night sights. The rifle can be also used to hit subjects that are hiding behind cover and walls, as its powerful ammunition can penetrate through bricks and concrete.
ii. Hornady .50 Caliber BMG 750 Grain A-Max Ammunition Cartridge | Cost: $67 (per box of 10) | Quantity: Not to exceed 1,000 | Loaded to exacting specifications to provide pinpoint accuracy. Each cartridge is loaded with either Hornady® A-MAX® bullets, highperformance boat tail hollow points, or the new, radically superior ELD® Match bullets.

Stringent quality control ensures proper bullet seating, consistent charges and pressures, optimal velocity, consistent overall length, and repeatable accuracy. b. Purpose
The rifle provides authorized personnel with the capability to pierce hard armor, multiple layers of mild steel, or substantial brick, concrete, and other materials that may give hard cover to armed and/or dangerous suspects. It can also be used to disable vehicles, disrupt homemade explosives, provide over-watch protection, and for tactical porting. Tactical porting is the use of a projectile fired from a hard target rifle to create a port or hole. c. Authorized Use
The use of the rifle is restricted to designated and authorized members of the SPD SWAT Team. Operators must attend an approved 40-hour training course provided by a certified instructor. Once certified authorized users must qualify with the rifle every year. d. Expected Lifespan
i. McMillian TAC-50 Bolt Action 50. Caliber Rifle: 20 years ii. Hornady .50 Caliber BMG 750 Grain A-Max ammunition: No expiration e. Fiscal Impact
i. Rifle: Annual maintenance is approximately $0 to $200 per rifle ii. Ammunition: Expected annual cost between $0 to $500 to replenish used stock f. Training
Before deploying the rifle, designated SPD SWAT Team members must attend an approved 40-hour training course provided by a certified instructor. Once certified, authorized users must qualify with the rifle every year.
g. Legal and Procedural Rules
Use is established under the Manual (Use of Force and Firearms). It is the policy of the Department to utilize the rifle only for official law enforcement purposes, and according to State and Federal law including those regarding the use of force.

7. Specialized Firearms and Ammunition: Firearms that are fired from shoulder level, having a long spirally grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance.
a. Description, quantity, capabilities, and purchase cost i. Colt M4 Carbine 5.56MM Rifle, Model: LE6920MPS B | Cost: $636.55 each | Quantity:

Not to exceed 80 | The carbine rifle is a firearm, capable of accurately stopping an armed subject at various distances. The carbine rifle is a lightweight, air-cooled, gas operated, magazine fed, shoulder fired weapon, designed for semi-automatic & selective fire. The projectile is capable of penetrating soft body armor being worn by armed subjects. ii. DPMS Panther Arms AR-10 .308 Caliber Rifle, Model: LR-308 | Cost: $1,500 each | Quantity: 4 | The DPMS with a 16” customized barrel, AR-10, is a precision style rifle. The firearm is chambered in .308 Winchester/7.62 NATO Rifle and has a 16” customized precision barrel. The magazine holds 20 rounds of ammunition and the rifle has a collapsible stock. This rifle is primarily used in an over-watch capacity to protect the community and SPD SWAT Team members during large events and critical incidents.

The projectile is capable of penetrating soft body armor being worn by armed subjects. iii. Federal Cartridge .308 Winchester Tactical Bonded Tip 168 Grain Duty Ammunition Cartridge | Cost: $319 (per case of 500) | Quantity: Not to exceed 10,000 | The Tactical Bonded Rifle Ammunition is a Federal product made exclusively for law enforcement. It achieves accuracy and terminal performance unmatched by any other ammunition.

Designed to defeat the toughest barriers with minimal deflection or deviation for the most intense situations.
iv. Colt 5.56MM, M4 Commando Carbine Lower Receiver with Daniel Defense MK18 Upper Receiver Group | Cost: $1,900 each | Quantity: Not to exceed 30 | The carbine rifle is a firearm, capable of accurately stopping an armed subject at various distances. The carbine rifle is a lightweight, air-cooled, gas operated, magazine fed, shoulder fired weapon, designed for semi-automatic and selective fire. The projectile is capable of penetrating soft body armor being worn by armed subjects. v. Sig Sauer MPX Suppressed 9MM Sub-gun | Cost: $1,400 each | Quantity: Not to exceed 20 | The MPX is a firearm, capable of accurately stopping an armed subject at various distances. It is compact and designed to match firepower while also having the capability to clear enclosed or close combat spaces.
vi. Heckler & Koch MP5 9MM Sub-gun | Cost: $2,500 each | Quantity: Not to exceed 20 | The MP5 is a firearm, capable of accurately stopping an armed subject at various distances. It is compact and designed to match firepower while also having the capability to clear enclosed or close combat spaces.
b. Purpose
To be used as precision weapons to address a threat with more accuracy and/or greater distances than a handgun, if present and feasible. These firearms can also be used to match the firepower of the threat being faced, as well as to penetrate barriers or barricades in critical incidents.
c. Authorized Use
Use of all of the listed firearms are guided by the Manual. The Colt M4 Carbine is authorized to be carried by all officers regardless of assignment. The AR-10 and M4 Commando carbine rifles are specifically used by SWAT. The MPX and MP5 are specifically used by SWAT and the Special Enforcement Team (SET). All of these firearms are only authorized for use by an officer after attending an approved training with annual training and qualifications thereafter. d. Expected Lifespan
i. Colt M4 Carbine 5.56MM Rifle: 20 years
ii. DPMS Panther Arms AR-10 .308 Caliber Rifle, Model: LR-308: 20 years iii. Federal Cartridge .308 Winchester Tactical Bonded Tip 168 Grain Duty Ammunition Cartridge: No expiration
iv. Colt 5.56MM, M4 Commando Carbine Lower Receiver with Daniel Defense MK18 Upper Receiver Group: 20 years
v. Sig Sauer MPX Suppressed 9MM Sub-gun: 20 years
vi. Heckler & Koch MP5 9MM Sub-gun: 20 years
e. Fiscal Impact
i. Rifles: Annual maintenance is approximately $0 to $100 per rifle ii. Ammunition (.308 Winchester): Expected annual cost between $200 and $1,000 to replenish used stock
f. Training
The officers receive training during orientation and conduct continual annual training. The AR-10 and M4 Commando carbine rifles are specifically used by SWAT. The MPX and MP5 are specifically used by SWAT and the Special Enforcement Team (SET). Before deploying specialty rifles, designated SET and/or SWAT Team members must attend an approved training course provided by a certified instructor. Once certified, authorized users must qualify with the rifle every year.
g. Legal and Procedural Rules
Use is established under Manual (Use of Force, Firearms, and Patrol Rifles). It is the policy of the Department to utilize these rifles and the associated munitions only for official law enforcement purposes, according to State and Federal law.

8. Diversionary Devices (Flashbangs): A diversionary device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry, or other high-risk arrest/search warrant situations.
a. Description, quantity, capabilities, and purchase cost i. Defense Technology Low Roll Reloadable Flashbang (#8933) with 12-Gram Reload (#8901) | Cost: $33.23 each | Quantity: Not to exceed 60 | The Low Roll Reloadable Flashbang is an explosive device that produces a flash of light and a sudden, loud noise intended to temporarily stun, distract, and disperse people. It is thrown by hand or projected and produces 175 dB of sound output at 5 feet and 6-8 million candelas for 10 milliseconds.
ii. Combined Tactical Systems, 7290m Mini Flashbang | Cost: $38 each | Quantity: Not to exceed 60 | The 7290M Flashbang is an explosive device that produces a flash of light and a sudden, loud noise intended to temporarily stun, distract, and disperse people. It produces 175db of sound output and produces 6-8 million candelas of light. iii. Combined Tactical Systems, 7290-9 Flashbang | Cost: $138.70 each| Quantity: Not to exceed 60 | The 7290-9 Flashbang is an explosive device that produces a flash of light and a sudden, loud noise intended to temporarily stun, distract, and disperse people. b. Purpose
The proper use and deployment of diversionary devices can increase officer safety and assist officers with the successful completion of a tactical situation. This includes, but is not limited to barricaded suspects, hostage situations, high-risk warrant service, or any life-threatening situation.
c. Authorized Use
Absent exigent circumstances, only sworn members who have completed Departmentapproved training by a certified Department-approved trainer may be issued, use, or carry diversionary devices. The devices shall be stored and carried within Federal regulations.

These devices can also be used for training exercises or approved demonstrations. d. Expected Lifespan
i. Defense Technology Low Roll Flash-Bang Body 8933: Approximately 26 deployments ii. Defense Technology Distraction Device Reload 12-Gram 8901: Until used iii. Combined Tactical Systems 7290M Mini Flash-Bang: Until used iv. Combined Tactical Systems 7290-9 Flash-Bang: Until used e. Fiscal Impact
Expected annual cost of $500 to $4,000 to replenish used stock (including training deployments)
f. Training
Before use, officers must attend diversionary device training that is conducted by a certified Department approved instructor. Additionally, members of the SPD SWAT Team will conduct two two-hour training blocks on the use of diversionary devices yearly. g. Legal and Procedural Rules
Use is established in the Manual (Use of Force and Diversionary Devices - Flashbangs). It is the policy of the Department to utilize diversionary devices only for official law enforcement purposes, and according to State and Federal law regarding the use of force.

9. Chemical Agents: Canisters that contain chemical agents (such as CS (2- chlorobenzalmalononitrile), OC (Oleoresin Capsicum) and CN (Chloroacetophenone)) that are released when deployed.
a. Description, quantity, capabilities, and purchase cost i. Defense Technology Pocket Tactical Grenade, CS, #1016 | Cost: $29.77 each | Quantity:

Not to exceed 30 | The Pocket Tactical Grenade is a small, lightweight, easily carried device that provides a medium volume of a chemical agent (CS) or smoke for certain situations. It was designed with the tactical team in mind for distraction, concealment, rescue, or signaling. The pocket grenade is not specifically intended as a crowd management device; however, it can be used in chemical configurations in conjunction with larger smoke canisters to “piggyback” chemical agents into a predominately smoke environment.
ii. Defense Technology Pocket Tactical Grenade, Saf-Smoke, #1017 | Cost: $29.77 each | Quantity: Not to exceed 30 | The Pocket Tactical Grenade is a small, lightweight, easily carried device that provides a medium volume of a chemical agent or smoke for certain situations. It was designed with the tactical team in mind for distraction, concealment, rescue, or signaling. The pocket grenade is not specifically intended as a crowd management device; however, it can be used in chemical configurations in conjunction with larger smoke canisters to “piggyback” chemical agents into a predominately smoke environment.
iii. Defense Technology Spede-Heat Continuous Discharge Chemical Grenade, CS, #1072 | Cost: $30 each | Quantity: Not to exceed 30 | The Spede-Heat™ Grenade is designed specifically for outdoor use in crowd control situations. It is a high-volume continuous burn device that expels its CS payload in approximately 20 - 40 seconds from a single source. iv. Defense Technology Large Style Maximum Smoke, #1073, | Cost: $38.29 each | Quantity: Not to exceed 30 | The Large Style Maximum Smoke Grenade is a designed specifically for outdoor use in crowd management situations. It is a high volume, slowburning device that deploys large quantities of grey-white colored smoke for approximately 1.5 to 2 minutes. It can be utilized as a carrying agent (multiplier) for smaller OC, CN, or CS munitions, or for concealing the movement of agency personnel.

It may also be used as a distraction to focus attention away from other activities. v. Defense Technology Maximum HC Smoke Military-Style Canister, #1083, | Cost: $35.62 each | Quantity: Not to exceed 30 | The Military-Style Maximum Smoke Grenade comes from the Defense Technology® #3 smoke grenade. It is a slow-burning, high-volume, continuous discharge grenade designed for outdoor use in crowd management situations.

Emits grey-white smoke only for approximately 1.5 to 2 minutes. vi. Defense Technology Stinger CS Rubber Ball Grenade, #1088 | Cost: $50.62 each | Quantity: Not to exceed 30 | The Stinger® Grenade is a combination of a Less Lethal Impact Munitions and a Distraction Device® that may incorporate optional CS or OC laden powder if desired. The Stinger® Grenade is a maximum effect device as it delivers up to four stimuli for psychological and physiological effect: rubber pellets, light, sound, and optional chemical agent or OC. The blast is sufficient to project the rubber balls and optional chemical agent in a 50-foot radius. The Stinger® Grenade is most widely used as a crowd management tool by law enforcement and corrections in indoor and outdoor operations. As a pain compliance, distraction, and disorientation device for crowd management, it may be hand thrown or launched in the general direction of the crowd. It may be deployed for ground bursts or aerial bursts at the discretion of the operator. It is generally reserved as the last selection when chemical agents and less lethal impact munitions have not resolved the disorder or routed the crowd. vii. Defense Technology Han-Ball Rubber Ball Grenade, CS, #1092 | Cost: $37.10 each | Quantity: Not to exceed 30 | The Han-Ball™ Rubber Ball Grenade is a fast-burning, highvolume continuous discharge grenade available in OC, CN, CS, and Saf-Smoke™.

Designed specifically for outdoor use in crowd management situations. It is excellent for the rapid delivery of a chemical agent or smoke in quickly changing tactical situations. viii. Defense Technology Han-Ball Grenade, Saf-Smoke, #1093 | Cost: $37.10 each | Quantity: Not to exceed 30 | The Han-Ball™ Rubber Ball Grenade is a fast-burning, highvolume continuous discharge grenade available in OC, CN, CS, and Saf-Smoke™. It is excellent for the rapid delivery of a chemical agent or smoke in quickly changing tactical situations. Hand throw or launch use only. Launching of grenades will provide deploying officers with additional standoff distances. This grenade offers coverage for large outdoor areas. In the Saf-Smoke™ configuration, it can be utilized for concealing the movement of agency personnel. It may also be used as a distraction to focus attention away from other activities.
ix. Defense Technology OC Aerosol Grenade Fogger, 1 OZ., #56814 | Cost: $13.75 each | Quantity: Not to exceed 30 | The Aerosol Grenade Fogger is a non-pyrotechnic that contains no chlorofluorocarbons (CFCs), is not a fire hazard, and requires minimal decontamination. It is designed for use in tactical indoor operations by law enforcement.

The purpose of the Aerosol Grenade Fogger is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The 1.3% Major Capsaicinoids provide sufficient effects in confined areas of up to 6,000 cubic feet such as attics, crawl spaces, garages, and interior rooms. x. Defense Technology OC Aerosol Grenade Fogger, 6 OZ., #56854 | Cost: $18.35 each | Quantity: Not to exceed 30 | The Aerosol Grenade Fogger is a non-pyrotechnic that contains no CFCs, is not a fire hazard, and requires minimal decontamination. It is designed for use in tactical indoor operations by law enforcement. The purpose of the Aerosol Grenade Fogger is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects.

The 1.3% Major Capsaicinoids provide sufficient effects in confined areas of up to 25,000 cubic feet such as attics, crawl spaces, garages, and interior rooms. xi. Combined Tactical Systems (CTS) 5230B CS Baffled Canister Grenade, Pyro, Low Flame | Cost: $45.20 each | Quantity: Not to exceed 100 | Pyrotechnic grenade designed for indoor/outdoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire.
xii. Combined Tactical Systems (CTS) 6340 OC Vapor Grenade | Cost: $45.25 each | Quantity: Not to exceed 30 | This unique grenade delivers an invisible OC vapor and renders an intense respiratory effect to a non-compliant subject. The CTS 6340 has a 1- 5 second discharge time and discharges OC vapor through three emission ports. xiii. Defense Technology First Defense 1.3% MK-9 Stream, Gel, or Foam OC Aerosol, #56895, 56591, 56891, 56792 | Cost: $47.32 each | Quantity: Not to exceed 12 | The MK-9 features an easy to use trigger handle, is intended for use in crowd management, and will deliver 14 short bursts of OC at an effective range of 18-20 ft. This 1.3% MC OC aerosol product utilizes a stream delivery method providing a target-specific, strong concentrated stream for greater standoff.
xiv. Defense Technology 1.3% MK-46V Stream OC Aerosol, #43046 | Cost $380.85 each | Quantity: Not to exceed 6 | The MK-46 features a trigger handle, is intended for use in crowd management, and will deliver 26 short bursts of OC at an effective range of 25-30 ft. This 1.3% MC OC aerosol product utilizes a stream delivery method providing a targetspecific, strong concentrated stream for greater standoff. b. Purpose
Chemical agents may be used for crowd control, crowd dispersal, or against barricaded suspects based on the circumstances. This is done to limit the escalation of conflict where employment of lethal force is prohibited or undesirable. c. Authorized Use
Absent exigent circumstances, only sworn members who have completed Departmentapproved training may be issued, use or carry chemical agents. These chemical agents can also be used for training exercises or approved demonstrations. d. Training
Sworn members utilizing chemical agent canisters must be certified by a Department chemical agent instructor during orientation and during reoccurring Department in-service training. Additionally, members of the SPD SWAT Team will receive training on chemical agents bi-yearly and that training will be conducted by a certified chemical agent instructor in two-hour blocks.
e. Expected Lifespan
i. Defense Technology Pocket Tactical Grenade, CS, #1016: 5 years ii. Defense Technology Pocket Tactical Grenade, Saf-Smoke: #1017: 5 years iii. Defense Technology Spede-Heat Continuous Discharge Chemical Grenade, CS:
#10725: 5 years
iv. Defense Technology Large Style Maximum Smoke: #1073: 5 years v. Defense Technology Maximum HC Smoke Military-Style Canister: #1083: 5 years vi. Defense Technology Stinger CS Rubber Ball Grenade: #1088: 5 years vii. Defense Technology Han-Ball Rubber Ball Grenade, CS: #1092: 5 years viii. Defense Technology Han-Ball Grenade, Saf-Smoke: #1093: 5 years ix. Defense Technology OC Aerosol Grenade Fogger, 1OZ: #56814: 5 years x. Defense Technology OC Aerosol Grenade Fogger, 6OZ: #56854: 5 years xi. Combined Tactical Systems (CTS) CS Baffled Canister Grenade, Pyro, Low-Flame:
5230B: 5 years
xii. Combined Tactical Systems (CTS) OC Vapor Grenade: 6340: 5 years xiii. Defense Technology First Defense 1.3% MK-9 Stream, Gel, or Foam OC Aerosol:
#56895, 56591, 56891, 56792: 5 years
xiv. Defense Technology 1.3% MK-46V Stream OC Aerosol: #43046: 5 years f. Fiscal Impact
Expected annual cost of $2,500 to $10,000 to replenish used stock (including training deployments)
g. Legal and Procedural Rules
Use is established under the Manual (Use of Force, Chemical Agents, and Oleoresin Capsicum - OC). It is the policy of the Department to utilize chemical agents only for official law enforcement purposes, and according to State and Federal law, including those regarding the use of force.

10. Chemical Agent Launcher: Cups that attach to 12 gauge less-lethal shotguns which allow officers to launch canisters of chemical agents or smoke. a. Description, quantity, capabilities, and purchase cost i. Combined Tactical Systems (CTS) LC5 Launching Cup | Cost: $302 each | Quantity: | Quantity: Not to exceed 6 | The CTS LC5 Launching Cup is designed for the 5200 series chemical agent grenades. The cup can be attached to virtually any 12 gauge shotgun and it launches cartridges for crowd management or as a diversionary device. ii. Defense Technology 12-Gauge Muzzle Bang/Launching Cartridge, #1210 | Cost: $6.64 each | Quantity: Not to exceed 160 | The 12-Gauge Muzzle Bang Launching Cartridge incorporates an opaque shell and utilizes black powder as the propellant. The 12-Gauge Muzzle Bang Launching Cartridge is designed to be launched from a launching cup and produces 170 dB of sound output. It is designed to be aimed at the floor or wall at a 45 degree angle. It is used as a crowd management tool by law enforcement and corrections in crowd control situations as a means of warning, intimidation, or diversion. It may be deployed in the air over crowds or to the side for dissuading movement in a given direction. It may also be deployed to the far side of buildings to divert the attention away from an approach or entry.
b. Purpose
May be used for crowd control, crowd dispersal, riots, or against barricaded suspects based on the circumstances. It can also be used in circumstances where a tactical advantage can be obtained or during civil unrest incidents. This is done to limit the escalation of conflict where employment of lethal force is prohibited or undesirable. c. Authorized Use
Absent exigent circumstances, only sworn members who have completed Departmentapproved training may be issued or use CTS LC5 Launching Cups. d. Expected Lifespan
i. CTS LC5 Launching Cup: 25 years
ii. 12-Gauge Muzzle Bang / Launching Cartridge: Until used e. Fiscal Impact
i. Launching Cups: Expected annual cost of $0 to $100 for maintenance ii. Cartridges: Expected annual cost of $100 to $300 for training and to replenish used stock (including training deployments)
f. Training
Sworn members utilizing CTS LC5 Launching Cups and 12-Gauge Muzzle Bang / Launching Cartridges must be certified by a certified chemical agent/diversionary device instructor.

Additionally, members of the SPD SWAT Team will receive training on CTS LC5 Launching Cups bi-yearly and that training will be conducted by a POST-certified chemical agent/diversionary device instructor in two-hour blocks. g. Legal and Procedural Rules
Use is established under the Manual (Use of Force and Chemical Agents). It is the policy of the Department to utilize CTS LC5 chemical agent launching cups only for official law enforcement purposes, and according to State and Federal law, including those regarding the use of force.

11. Specialty Impact Munitions (SIMs) - 40mm Launchers and Munitions: These devices are considered less lethal and are used to gain compliance from an individual who is violently or actively resisting. The use of such a device is intended to mitigate the number of serious injuries to officers, the subject, and other individuals.
a. Description, quantity, capabilities, and purchase cost i. 40MM LMT™ Tactical Single Launcher I425, Expandable Stock | Cost: $1,200 each | Quantity: Not to exceed 40 | The 40LMT is a tactical single-shot launcher that features an expandable Rogers Super Stock and an adjustable Integrated Front Grip (IFG) with light rail. The ambidextrous Lateral Sling Mount (LSM) and QD mounting systems allow both a single and two-point sling attachment. The 40LMT will fire standard 40mm lesslethal ammunition, up to 4.8 inches in cartridge length. ii. Penn Armas 40MM Multi-Shot, Pump Advance Launcher - 5” Cylinder | Cost: $3,336 each | Quantity: Not to exceed 6 | A 40mm pump-action advance magazine drum launcher with a fixed stock and combo rail. It has a six-shot capacity 5” cylinder and a 10.75” rifled barrel. The PGL-65 features include a Double-action trigger, trigger lock push button, and hammerlock safeties.
iii. Defense Technology 40MM eXact iMpact™ Sponge Round: #6325 | Cost: $20.79 each | Quantity: Not to exceed 1,000 | The 40 mm exact iMpact™ Sponge Round is a “point-ofaim, point-of-impact” direct fire round that is most commonly used by tactical teams in situations where maximum deliverable energy is desired for the incapacitation of an aggressive, non-compliant subject. The 40 mm exact iMpact™ Sponge Round is intended for direct fire deployment. These areas provide sufficient pain stimulus, while greatly reducing serious or life-threatening injuries. The 40 mm exact iMpact™ Sponge Round can also be deployed in crowd control situations to protect the riot line, cover or enhance chemical munitions, or target specific agitators and organizers of the crowd. When used in this fashion, it is primarily both a psychological deterrent and physiological distraction serving as a pain compliance device to either get the crowd or subject moving or keep them at a designated distance.
iv. Defense Technology 40MM eXact iMpact™ LE 40MM Extended Range Sponge Round:
#6325LE | Cost: $23.52 each | Quantity: Not to exceed 150 | The eXact iMpact™ 40 mm Sponge Round is a point-of-aim, point-of-impact direct-fire round. This lightweight, highspeed projectile consists of a plastic body and sponge nose. It can be launched at a greater distance to provide further separation from officers. Used for crowd control, patrol, and tactical applications.
v. Defense Technology 40MM Direct Impact® OC Round: #6320 | Cost: $20.79 each | Quantity: Not to exceed 1,000 | A less lethal 40 mm lightweight plastic and crushable foam projectile fired from a single or multi-round purpose-built 40 mm grenade launcher with a rifled barrel at 295 feet per second (FPS). The 39-gram crushable foam projectile delivers 120 ft./lbs. of energy upon impact in addition to the dispersion of 5 grams of OC irritant. The 40 mm Direct Impact OC round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 120 feet from the target.
vi. Defense Technology 40MM Direct Impact® OC Adjustable Range Round: #6320A | Cost:
$37.95 each | Quantity: Not to exceed 150 | The 40mm Direct Impact® Adjustable Range Round consists of a plastic body and a crushable foam nose that contains a powder payload. This payload contains an OC powder. The crushable foam nose dissipates energy upon impact while releasing the powder payload. The projectile design has a unique user-adjustable patented gas-bleed feature, which allows kinetic energy to be adjusted for two design points addressing close-in and extended range engagements. In the opened position, the standard range velocity allows for engagements of 1.5 – 40 meters. In the closed position, the extended range velocity allows for engagements of 40 – 70 meters.
vii. Defense Technology 40MM Direct Impact® CS Round: #6322 | Cost: $20.79 each | Quantity: Not to exceed 1,000 | A less lethal 40 mm lightweight plastic and crushable foam projectile fired from a single or multi-round purpose-built 40 mm grenade launcher with a rifled barrel at 295 feet per second (FPS). The 39-gram crushable foam projectile delivers 120 ft./lbs. of energy upon impact in addition to the dispersion of 5 grams of CS irritant. The 40MM Direct Impact CS round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 120 feet from the target.
viii. Defense Technology Direct Impact® 40MM Adjustable Range Round, CS Marking:
#6322A | Cost: $37.95 each | Quantity: Not to exceed 150 | The 40mm Direct Impact® Adjustable Range Round consists of a plastic body and a crushable foam nose that contains a powder payload. This payload is a marking and CS powder. The crushable foam nose dissipates energy upon impact while releasing the powder payload. The projectile design has a unique user-adjustable patented gas-bleed feature, which allows kinetic energy to be adjusted for two design points addressing close-in and extended range engagements. In the opened position, the standard range velocity allows for engagements of 1.5 – 40 meters. In the closed position, the extended range velocity allows for engagements of 40 – 70 meters.
ix. Defense Technology Ferret 40MM CS Liquid Barricade Penetrator Round, #2262 | Cost:
$22.84 each | Quantity: Not to exceed 500 | The Ferret® 40mm Round is non-burning and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. x. Defense Technology Ferret 40MM CS Powder Barricade Round, #2292 | Cost: $22.15 each | Quantity: Not to exceed 500 | The Ferret® 40 mm Barricade Penetrating Round is filled with a CS powder chemical agent. It is a frangible projectile that is spin-stabilized utilizing barrel rifling. It is non-burning and designed to penetrate barriers. Primarily used to dislodge barricaded subjects, it can also be used for area denial. Primarily used by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impact, the nose ruptures and instantaneously delivers the agent payload inside a structure or vehicle. b. Purpose
The use of these devices is intended to mitigate the number of serious injuries to officers, the subject, and other individuals. The devices limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use
Approved SIM projectiles may be used in any of the following circumstances when the circumstances perceived by the officer at the time indicate that such application is reasonably necessary to:
i. Control a subject who is violent or is actively resisting ii. Control a subject who has demonstrated, by words or action, an intention to be violent or to physically resist, and reasonably appears to present the potential to harm officers, him/herself or others
iii. Disarm a suspect or control a subject who is reasonably believed to be armed iv. Stop a fleeing subject who is wanted for a serious crime (Mere flight from a pursuing officer, without other known circumstances or factors, is not good cause for the use of a SIM to apprehend an individual)
v. Gain compliance during tactical situations that include but are not limited to a riot or civil unrest
vi. Control dangerous animals
vii. Be used on objects to gain a tactical advantage (e.g., windows, lights, etc.) viii. Training exercises or approved demonstrations
d. Expected Lifespan
i. LMT 40mm Launchers: At least 15 years
ii. Penn Arms 40 mm Multi-Shot, Pump Advance Launcher, 5” Cylinder: At least 15 years iii. Defense Technology 40MM eXact iMpact™ Sponge Round: #6325: 5 years iv. Defense Technology 40MM eXact iMpact™ LE 40MM Extended Range Sponge Round:
#6325LE: 5 years
v. Defense Technology 40MM Direct Impact® OC Round: #6320: 5 years vi. Defense Technology 40MM Direct Impact® OC Adjustable Range Round: #6320A: 5 years
vii. Defense Technology 40MM Direct Impact® CS Round: #6322: 5 years viii. Defense Technology Direct Impact® 40MM Adjustable Range Round, CS Marking:
#6322A: 5 years
ix. Defense Technology Ferret 40MM CS Liquid Barricade Penetrator Round, #2262: 5 years x. Defense Technology Ferret 40MM Powder Barricade Round, #2292: 5 years e. Fiscal Impact
i. Launchers: Annual maintenance is approximately $0 to $100 for each launcher ii. Munitions: Expected annual cost of $2,000 to $5,000 to replenish used stock (including training deployments)
f. Training
All officers receive training on the use of the 40mm LMT launcher with the sponge (#6325) and OC round (#6320). This training occurs during orientation and through reoccurring inservice training taught by Department instructors. SWAT personnel receive additional training internally when they transfer to the unit to include the Penn Arms launcher, CS rounds, barricade rounds, and the other rounds listed. SWAT operators who utilize these munitions have completed an approved chemical agent school and/or training facilitated by a Department-certified chemical agent instructor.
g. Legal and Procedural Rules
Use is established under the Manual (Use of Force, Specialty Impact Munitions (SIM) LessLethal, Chemical Agents, and Oleoresin Capsicum – OC). It is the policy of the Department to utilize the SIM launchers and munitions only for official law enforcement purposes and according to State and Federal law, including those regarding the use of force.

12. Specialty Impact Munitions (SIMs) - 12 Gauge “Bean Bag” Launchers and Munitions:

These devices are considered less lethal and are used to gain compliance from an individual who is violently or actively resisting. The use of such a device is intended to mitigate the number of serious injuries to officers, the subject, and other individuals. a. Description, quantity, capabilities, and purchase cost i. Mossberg 590 12-Gauge Shotgun (Standard Department-issued with color marking to signify its use as less-lethal) | Cost: $645 each | Quantity: Not to exceed 30 | The Mossberg 590 Less Lethal Shotgun is used to deploy the 12-Gauge Drag Stabilized Round up to 75 feet. The range of the weapon system helps to maintain space between officers and an individual, reducing the immediacy of the threat which is a principle of deescalation. ii. Defense Technology 12-Gauge Drag Stabilized Round, #3027 | Cost: $5.34 each | Quantity: Not to exceed 1,000 | The Drag Stabilized™ 12-Gauge Round is a translucent 12-Gauge shell loaded with a 40-Gram tear-shaped bag made from a cotton and ballistic material blend and filled with #9 shot. This design utilizes four stabilizing tails and utilizes smokeless powder as the propellant. This round has a velocity of 270fps with a maximum effective range of 75 feet.
b. Purpose
The use of such a device is intended to mitigate the number of serious injuries to officers, the subject, and other individuals. The devices limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use
Approved SIM projectiles may be used in any of the following circumstances when the circumstances perceived by the officer at the time indicate that such application is reasonably necessary to:
i. Control a subject who is violent or is actively resisting ii. Control a subject who has demonstrated, by words or action, an intention to be violent or to physically resist, and reasonably appears to present the potential to harm officers, him/herself or others
iii. Disarm a suspect or control a subject who is reasonably believed to be armed iv. Stop a fleeing subject who is wanted for a serious crime (Mere flight from a pursuing officer, without other known circumstances or factors, is not good cause for the use of a SIM to apprehend an individual)
v. Gain compliance during tactical situations that include but are not limited to a riot or civil unrest
vi. Control dangerous animals
vii. Be used on objects to gain a tactical advantage (e.g., windows, lights, etc.) viii. Training exercises or approved demonstrations
d. Expected Lifespan
i. Mossberg 590 Shotgun (Standard department-issued): At least 15 years ii. Defense Technology 12-Gauge Drag Stabilized Round: 5 years e. Fiscal Impact
i. Shotgun: Annual maintenance is approximately $0 to $50 for each shotgun ii. Ammunition: Expected annual cost of $200 to $1,000 to replenish used stock f. Training
All officers are trained in the 12-gauge Mossberg 590 less-lethal shotgun with the 12-gauge drag-stabilized round. This training occurs during orientation and through reoccurring inservice training taught by Department instructors. g. Legal and Procedural Rules
Use is established under the Manual (Use of Force and Specialty Impact Munitions (SIM) Less-Lethal). It is the policy of the Department to utilize the SIM launchers and munitions only for official law enforcement purposes and according to State and Federal law, including those regarding the use of force.

ATTACHMENT NO. 3
Ordinance No. 2516

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ORDINANCE NO. 2516

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA, ADOPTING AN AMENDED

MILITARY EQUIPMENT POLICY GOVERNING THE USE

OF MILITARY EQUIPMENT PURSUANT TO ASSEMBLY
BILL 481
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (“AB 481”), relating to the use of military equipment by California law enforcement agencies; and
WHEREAS, AB 481 became effective January 1, 2022 and is codified at Sections 7070 through 7057 of Chapter 12.8 of Division 7 of Title 1 of the California Government Code; and
WHEREAS, the term “military equipment” is defined in California Government Code Section 7070; and
WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, and used; and
WHEREAS, AB 481 requires, among other things, that a law enforcement agency obtain approval of the governing body, by an ordinance adopting a military equipment use policy that includes a description of the equipment, quantity, capabilities, expected lifespan, purposes and authorized uses, fiscal impact, legal and procedural rules governing authorized uses, required training, and mechanisms to ensure compliance with the agency’s use policy, prior to taking certain actions relating to the funding, acquisition or use of military equipment, including military equipment acquired prior to January 1, 2022; and
WHEREAS, on May 17, 2022, the City Council adopted Ordinance No. 2497, adopting a Military Equipment Policy; and
WHEREAS, the West Covina Police Department is in possession of certain items of equipment that qualify as “military equipment” under AB 481 and further intends to acquire other items of military equipment; and WHEREAS, the West Covina Police Department has prepared a proposed amended Military Equipment Policy, attached hereto as Exhibit “A” and incorporated herein; and
WHEREAS, the Police Department submitted the proposed amended Military Equipment Policy to the City Council and made the proposed Military Equipment Policy available on the Police Department’s website for at least 30 days prior to the first public meeting concerning the proposed Military Equipment Policy on August 15, 2023; and WHEREAS, as required by AB 481, the City Council determines as follows:

Ordinance No. 2516

Page 2 of 4 ends

(a) the military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and
(b) the proposed Military Equipment Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties; and (c) the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and
(d) prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance; and WHEREAS, the proposed Military Equipment Policy satisfies the requirements of California Government Code Section 7070(d); and
WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The City Council finds that all the recitals, facts, findings, and conclusions set forth above in the preamble of this Ordinance are true and correct.

SECTION 2. Approval of Military Equipment Policy. The City Council, having received the information required under AB 481 regarding the West Covina Police Department’s use of military equipment as defined in said law, deems it to be in the best interest of the City to and hereby approves the Military Equipment Policy attached hereto as Exhibit “A.” The Military Equipment Policy shall govern the approval, acquisition, use and reporting of military equipment by the West Covina Police Department.

SECTION 3. Repeal of Ordinance No. 2497. The City Council hereby repeals Ordinance No. 2497.

SECTION 4. Environmental Compliance. The City Council hereby finds that it can be seen with certainty that there is no possibility the adoption and implementation of this Ordinance will have a significant effect on the environment. The Ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act pursuant to Section 15061(b)(3) (General Rule) of Title 14 of the California Code of Regulations.

SECTION 5. Inconsistencies. Any provision of the West Covina Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the Ordinance No. 2516

Page 3 of 4 ends

extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.

SECTION 6. Uncodified Ordinance. This Ordinance shall not be codified in the West Covina Municipal Code unless and until the City Council so ordains.

SECTION 7. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of West Covina hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.

SECTION 8. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage.

SECTION 9. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted as required by law.

PASSED, APPROVED AND ADOPTED this 5th day of September, 2023. ________________________
Rosario Diaz
Mayor

APPROVED AS TO FORM ATTEST
________________________ ________________________
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
Ordinance No. 2516

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STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )

CITY OF WEST COVINA )
I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Ordinance No. 2516 was introduced at a regular meeting of the City Council held on the 15th day of August, 2023, and adopted at a regular meeting of the City Council held on the 5th day of September, 2023, by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAINED:

Lisa Sherrick
Assistant City Clerk

EXHIBIT A

MILITARY EQUIPMENT POLICY
Policy
717
West Covina Police Department
West Covina PD Policy Manual
Copyright Lexipol, LLC 2023/06/12, All Rights Reserved.

Published with permission by West Covina Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
717.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, use, and reporting requirements of military equipment, as defined in Government Code § 7070, in accordance with Assembly Bill No. 481 of 2021 (codified at Government Code §§ 7070-7075). 717.1.1 DEFINITIONS
Definitions related to this policy include:

Governing body – The elected or appointed body that oversees the Department.

Military equipment – The meaning set forth in Government Code § 7070(c), as amended from time to time, and includes the following:
(a) Unmanned, remotely piloted, powered aerial or ground vehicles. (b) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. (c) High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. (d) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
(e) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (f) Weaponized aircraft, vessels, or vehicles of any kind. (g) Battering rams, slugs, and breaching apparatuses that are explosive in nature. Items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded.
(h) Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
(i) Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms and ammunition. (j) Any firearm or firearm accessory that is designed to launch explosive projectiles. (k) "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray. (l) TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
(m) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.

West Covina Police Department
West Covina PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/06/12, All Rights Reserved.

Published with permission by West Covina Police Department ***DRAFT*** Military Equipment - 2 (n) Any other equipment as determined by a governing body or a state agency to require additional oversight.
(o) Notwithstanding paragraphs (a) through (n), "military equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
717.2 POLICY
It is the policy of the West Covina Police Department that members of this Department comply with the provisions of Government Code §§ 7071-7072 with respect to military equipment. 717.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police shall designate a member of this Department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as a liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying Department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of West Covina Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Coordinating with the City Clerk's Office to publicize the details of the meeting.

2. Preparing for public questions regarding the Department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and governing body.
(g) Ensuring the annual report is made available on the Department website (Government Code § 7072).
(h) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
717.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

WCPD Military Equipment Inventory
West Covina Police Department
West Covina PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/06/12, All Rights Reserved.

Published with permission by West Covina Police Department ***DRAFT*** Military Equipment - 3 717.5 APPROVAL
The Chief of Police or their authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or their authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the Department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071).

The military equipment policy must be approved by the governing body prior to engaging in any of the following, as outlined in Government Code § 7071:
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this Department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 717.6 COORDINATION WITH OTHER JURISDICTIONS
As established through past practice and mutual aid agreements, any jurisdiction through contract, mutual aid agreement, or request must accept the Department's policies and procedures governing the deployment of equipment utilized by West Covina Police Department employees.

This is reciprocal to other law enforcement agencies.

Military equipment used by any member of this Department shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid.

The West Covina Police Department hereby adopts the military equipment use policy as is approved and may be amended from time to time, under Government Code § 7070 et seq., for jurisdictions that the West Covina Police Department may engage with to provide mutual aid. This section is in no way a limitation to the ability of the West Covina Police Department to deploy or use the military equipment of another jurisdiction.

West Covina Police Department
West Covina PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/06/12, All Rights Reserved.

Published with permission by West Covina Police Department ***DRAFT*** Military Equipment - 4 717.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or their authorized designee shall submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or their authorized designee shall also make each annual military equipment report publicly available on the Department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in Department inventory. 717.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
717.9 COMPLIANCE PROCEDURE
This procedure is to ensure compliance with the military equipment use policy. All complaints, concerns, or questions submitted regarding this policy will be handled pursuant to the Department's normal complaint process and be handled in a timely manner.

West Covina PD Policy Manual
Copyright Lexipol, LLC 2023/06/12, All Rights Reserved.

Published with permission by West Covina Police Department ***DRAFT*** Attachments - 5 Attachments
Attachment
West Covina PD Policy Manual
Copyright Lexipol, LLC 2023/06/12, All Rights Reserved.

Published with permission by West Covina Police Department ***DRAFT*** WCPD Military Equipment Inventory.pdf - 6 WCPD Military Equipment Inventory.pdf
WCPD Military Equipment Inventory.pdf
Military Equipment Inventory Attachment Page 1
Military Equipment Inventory
Attachment to Policy 717

Military Equipment Inventory Attachment Page 2
g. Legal and Procedural Rules
Use is established in FAA Regulation 14 CFR Part 107, and the Department’s UAS policy (Unmanned Aerial System (UAS) Operations). It is the policy of the Department to utilize UAS only for official law enforcement purposes and according to State and Federal law.

3. Armored Vehicle: Commercially produced wheeled armored personnel vehicle utilized for law enforcement purposes.
a. Description, quantity, capabilities, and purchase cost i. 2012 BAE Systems Tactical Vehicle Systems Mine Resistant Ambush Protected (MRAP) Vehicle | Cost: $0 each (Obtained through the Federal 1033 Program) | Quantity: 1 | The Mine Resistant Ambush Protected Vehicle is an armored vehicle that seats 10 personnel with an open floor plan that allows for rescue of down personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor. Provides greater levels of survivability and mobility to navigate challenging and unpredictable environments. Greater survivability is achieved through an enhanced monolithic floor, a strengthened chassis frame, and highly effective blast absorbing seats.
ii. Cadillac Gage Commando Ranger, Peacekeeper | Cost: $0 each (Obtained through the Federal 1033 Program) | Quantity: 1 | The Peacekeeper is an armored vehicle that seats 8 personnel with an open floor plan that allows for rescue of down personnel. It can stop Military Equipment Inventory Attachment Page 3
various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor.
iii. Lenco Bearcat, G2 | Cost: $304,630 each | Quantity: 1 | The Bearcat is an armored vehicle that seats 10 to 12 personnel with an open floor plan that allows for rescue of down personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor. b. Purpose
i. The MRAP has been exclusively designated as a Rescue Vehicle and will be referred to as the Rescue Vehicle or RV-1. The primary purpose of the Rescue Vehicle (RV-1) is to perform high-risk rescues or rapid extractions of persons during times of crisis. RV-1 is also designed to safely transport officers into positions of tactical advantage during critical incidents. RV-1 will be utilized when other Department resources are impractical. RV-1 provides greater safety to citizens and officers beyond the protection level of shield and personal body armor and can protect the occupants from IEDs or other explosive devices. ii. The primary purpose of the Peacekeeper and Bearcat is to protect employees during high-risk incidents. They are also designed to safely transport officers into positions of tactical advantage or to evacuate civilian personnel during critical incidents. Both vehicles provide greater safety to citizens and officers beyond the protection level of shield and personal body armor.
c. Authorized Use
An armored vehicle may be used if one or more of the following criteria are present:
i. Incidents where human lives may be in immediate peril ii. Incidents where a threat of confrontation by gunfire or other weapons exists iii. Incidents involving a significant threat of violence iv. Rapid response deployments
v. Acts of terror (violent attacks upon populated areas such as schools, community events, government buildings, shopping malls, and places of worship) vi. Natural disasters (significant earthquakes, major fires, floods, etc.) vii. Incidents deemed appropriate by the Chief of Police or their designee viii. Training exercises or approved demonstrations
d. Expected Lifespan
i. MRAP: Approximately 25 years
ii. Peacekeeper: Approximately 25 years
iii. Lenco Bearcat G2: Approximately 25 years
e. Fiscal Impact
i. MRAP: Annual maintenance cost of approximately $0 to $1,000 ii. Peacekeeper: Annual maintenance cost of approximately $0 to $2,000 iii. Bearcat: Annual maintenance cost of approximately $0 to $5,000 f. Training
Armored vehicles may only be operated by employees who possess the proper licensing and have been trained in the proper use of the vehicle. Employees designated as operators of one or more armored vehicles shall receive training in the safe operation and care for each vehicle and show competence before operating any of the listed armored vehicles. g. Legal and Procedural Rules
Use is established in the Manual (Vehicle Use, Vehicle Maintenance, and Specialty Vehicle Deployment). It is the policy of the Department to utilize armored vehicles for official law enforcement purposes, according to State and Federal law.

Military Equipment Inventory Attachment Page 4

5. Breaching Apparatuses Explosive in Nature: Tools that are used to conduct an explosive breach.
a. Description, quantity, capabilities, and purchase cost i. Remington Model 870 BRS Breaching 12 Gauge, 11-Inch Stand-Off Barrel | Cost: $645 each | Quantity: 2 | This weapon allows for breachers to safely utilize shotgun breaching round to destroy deadbolts, locks, and hinges. The breaching stand-off device that is attached to the end of the barrel allows for positive placement of the gun into the correct position and vents gases to prevent overpressure.
ii. Mossberg 590 12 Gauge Shotgun with an Affixed 18.5” Security Breaching Barrel | Cost:
$583 each | Quantity: 2 | This weapon allows for breachers to safely utilize shotgun Military Equipment Inventory Attachment Page 5
breaching round to destroy deadbolts, locks, and hinges. The breaching stand-off device that is attached to the end of the barrel allows for positive placement of the gun into the correct position and vents gases to prevent overpressure. iii. Royal Arms Tesar-2 Black Cap 425 Grain Copper Frangible Breaching Round | Cost: $5 each | Quantity: Not to exceed 75 | The round is fired from a breaching shotgun and is used to destroy deadbolts, locks, and hinges.
iv. Royal Arms Tesar-4 Yellow Cap 750 Grain Copper Frangible Breaching Round | Cost:
$5 each | Quantity: Not to exceed 75 | The round is fired from a breaching shotgun and is used to destroy deadbolts, locks, and hinges.
b. Purpose
Used to provide officers a way to safely gain entry into a structure. c. Authorized Use
Absent exigent circumstances, only sworn members who have completed Departmentapproved training may be issued or use breaching shotguns. The breaching rounds can also be used for training exercises or approved demonstrations. d. Expected Lifespan
i. Breaching Shotguns: 25 years
ii. Royal Arms Tesar-2 black cap 425-grain copper breaching round: 5 years iii. Royal Arms Tesar-4 yellow cap 750-grain copper frangible breaching round: 5 years e. Fiscal Impact
i. Breaching Shotguns: Annual maintenance approximately $0 to $50 ii. Breaching Round: Expected annual cost between $0 to $300 to replenish used stock f. Training
Sworn members utilizing a breaching shotgun must be certified to do so by a certified breaching instructor during Department-approved training. Additionally, members of the SPD SWAT Team will receive training on breaching shotguns bi-yearly and that training will be conducted by a certified breaching instructor in two-hour blocks. g. Legal and Procedural Rules
It is the policy of the Department to utilize breaching shotguns and the associated munitions only for official law enforcement purposes, according to State and Federal law.

6. Firearms of .50 Caliber and Ammunition: A .50 caliber bolt-action rifle is defined as a centerfire rifle that can fire a .50 BMG cartridge and is not already an assault weapon or a machinegun as defined by Penal Code section 16880. A “.50 BMG cartridge” means a cartridge that is designed and intended to be fired from a centerfire rifle and that meets all of the following criteria: It has an overall length of 5.54 inches from the base to the tip of the bullet, the bullet diameter for the cartridge is from .510 to, and including, .511 inch, the case base diameter for the cartridge is from .800 inch to, and including, .804 inch, and the cartridge case length is 3.91 inches. (Penal Code §§ 30525, 30530.)
a. Description, quantity, capabilities, and purchase cost i. McMillian TAC-50 Bolt Action Sniper Rifle | Cost: $7,100 each | Quantity: 1 | The McMillan TAC-50 is a manually operated, rotary bolt-action rifle. The large bolt has dual front locking lugs, and its body has spiral flutes to reduce weight. The heavy match-grade barrel is also fluted to dissipate heat quickly and reduce overall weight, and fitted with an effective muzzle brake to reduce recoil. The rifle is fed from detachable box magazines, holding 5 rounds each. The stock is made from fiberglass by McMillan Stocks and is designed to be used from a bipod only. The buttstock is adjustable for the length of pull with rubber spacers and can be removed for compact storage. The rifle has no open Military Equipment Inventory Attachment Page 6
sights; it can be used with a variety of telescopic or night sights. The rifle can be also used to hit subjects that are hiding behind cover and walls, as its powerful ammunition can penetrate through bricks and concrete.
ii. Hornady .50 Caliber BMG 750 Grain A-Max Ammunition Cartridge | Cost: $67 (per box of 10) | Quantity: Not to exceed 1,000 | Loaded to exacting specifications to provide pinpoint accuracy. Each cartridge is loaded with either Hornady® A-MAX® bullets, highperformance boat tail hollow points, or the new, radically superior ELD® Match bullets.

Not to exceed 80 | The carbine rifle is a firearm, capable of accurately stopping an armed subject at various distances. The carbine rifle is a lightweight, air-cooled, gas operated, magazine fed, shoulder fired weapon, designed for semi-automatic & selective fire. The projectile is capable of penetrating soft body armor being worn by armed subjects. ii. DPMS Panther Arms AR-10 .308 Caliber Rifle, Model: LR-308 | Cost: $1,500 each | Quantity: 4 | The DPMS with a 16” customized barrel, AR-10, is a precision style rifle. The firearm is chambered in .308 Winchester/7.62 NATO Rifle and has a 16” customized precision barrel. The magazine holds 20 rounds of ammunition and the rifle has a collapsible stock. This rifle is primarily used in an over-watch capacity to protect the Military Equipment Inventory Attachment Page 7
community and SPD SWAT Team members during large events and critical incidents.

Designed to defeat the toughest barriers with minimal deflection or deviation for the most intense situations.
iv. Colt 5.56MM, M4 Commando Carbine Lower Receiver with Daniel Defense MK18 Upper Receiver Group | Cost: $1,900 each | Quantity: Not to exceed 30 | The carbine rifle is a firearm, capable of accurately stopping an armed subject at various distances. The carbine rifle is a lightweight, air-cooled, gas operated, magazine fed, shoulder fired weapon, designed for semi-automatic and selective fire. The projectile is capable of penetrating soft body armor being worn by armed subjects. v. Sig Sauer MPX Suppressed 9MM Sub-gun | Cost: $1,400 each | Quantity: Not to exceed 20 | The MPX is a firearm, capable of accurately stopping an armed subject at various distances. It is compact and designed to match firepower while also having the capability to clear enclosed or close combat spaces.
vi. Heckler & Koch MP5 9MM Sub-gun | Cost: $2,500 each | Quantity: Not to exceed 20 | The MP5 is a firearm, capable of accurately stopping an armed subject at various distances. It is compact and designed to match firepower while also having the capability to clear enclosed or close combat spaces.
b. Purpose
To be used as precision weapons to address a threat with more accuracy and/or greater distances than a handgun, if present and feasible. These firearms can also be used to match the firepower of the threat being faced, as well as to penetrate barriers or barricades in critical incidents.
c. Authorized Use
Use of all of the listed firearms are guided by the Manual. The Colt M4 Carbine is authorized to be carried by all officers regardless of assignment. The AR-10 and M4 Commando carbine rifles are specifically used by SWAT. The MPX and MP5 are specifically used by SWAT and the Special Enforcement Team (SET). All of these firearms are only authorized for use by an officer after attending an approved training with annual training and qualifications thereafter. d. Expected Lifespan
i. Colt M4 Carbine 5.56MM Rifle: 20 years
ii. DPMS Panther Arms AR-10 .308 Caliber Rifle, Model: LR-308: 20 years iii. Federal Cartridge .308 Winchester Tactical Bonded Tip 168 Grain Duty Ammunition Cartridge: No expiration
iv. Colt 5.56MM, M4 Commando Carbine Lower Receiver with Daniel Defense MK18 Upper Receiver Group: 20 years
v. Sig Sauer MPX Suppressed 9MM Sub-gun: 20 years
vi. Heckler & Koch MP5 9MM Sub-gun: 20 years
e. Fiscal Impact
i. Rifles: Annual maintenance is approximately $0 to $100 per rifle ii. Ammunition (.308 Winchester): Expected annual cost between $200 and $1,000 to replenish used stock
f. Training
Military Equipment Inventory Attachment Page 8
The officers receive training during orientation and conduct continual annual training. The AR-10 and M4 Commando carbine rifles are specifically used by SWAT. The MPX and MP5 are specifically used by SWAT and the Special Enforcement Team (SET). Before deploying specialty rifles, designated SET and/or SWAT Team members must attend an approved training course provided by a certified instructor. Once certified, authorized users must qualify with the rifle every year.
g. Legal and Procedural Rules
Use is established under Manual (Use of Force, Firearms, and Patrol Rifles). It is the policy of the Department to utilize these rifles and the associated munitions only for official law enforcement purposes, according to State and Federal law.

These devices can also be used for training exercises or approved demonstrations. d. Expected Lifespan
i. Defense Technology Low Roll Flash-Bang Body 8933: Approximately 26 deployments ii. Defense Technology Distraction Device Reload 12-Gram 8901: Until used iii. Combined Tactical Systems 7290M Mini Flash-Bang: Until used iv. Combined Tactical Systems 7290-9 Flash-Bang: Until used e. Fiscal Impact
Expected annual cost of $500 to $4,000 to replenish used stock (including training deployments)
f. Training
Military Equipment Inventory Attachment Page 9
Before use, officers must attend diversionary device training that is conducted by a certified Department approved instructor. Additionally, members of the SPD SWAT Team will conduct two two-hour training blocks on the use of diversionary devices yearly. g. Legal and Procedural Rules
Use is established in the Manual (Use of Force and Diversionary Devices - Flashbangs). It is the policy of the Department to utilize diversionary devices only for official law enforcement purposes, and according to State and Federal law regarding the use of force.

Emits grey-white smoke only for approximately 1.5 to 2 minutes. vi. Defense Technology Stinger CS Rubber Ball Grenade, #1088 | Cost: $50.62 each | Quantity: Not to exceed 30 | The Stinger® Grenade is a combination of a Less Lethal Impact Munitions and a Distraction Device® that may incorporate optional CS or OC laden powder if desired. The Stinger® Grenade is a maximum effect device as it delivers Military Equipment Inventory Attachment Page 10
up to four stimuli for psychological and physiological effect: rubber pellets, light, sound, and optional chemical agent or OC. The blast is sufficient to project the rubber balls and optional chemical agent in a 50-foot radius. The Stinger® Grenade is most widely used as a crowd management tool by law enforcement and corrections in indoor and outdoor operations. As a pain compliance, distraction, and disorientation device for crowd management, it may be hand thrown or launched in the general direction of the crowd. It may be deployed for ground bursts or aerial bursts at the discretion of the operator. It is generally reserved as the last selection when chemical agents and less lethal impact munitions have not resolved the disorder or routed the crowd. vii. Defense Technology Han-Ball Rubber Ball Grenade, CS, #1092 | Cost: $37.10 each | Quantity: Not to exceed 30 | The Han-Ball™ Rubber Ball Grenade is a fast-burning, highvolume continuous discharge grenade available in OC, CN, CS, and Saf-Smoke™.

Military Equipment Inventory Attachment Page 11
xiii. Defense Technology First Defense 1.3% MK-9 Stream, Gel, or Foam OC Aerosol, #56895, 56591, 56891, 56792 | Cost: $47.32 each | Quantity: Not to exceed 12 | The MK-9 features an easy to use trigger handle, is intended for use in crowd management, and will deliver 14 short bursts of OC at an effective range of 18-20 ft. This 1.3% MC OC aerosol product utilizes a stream delivery method providing a target-specific, strong concentrated stream for greater standoff.
xiv. Defense Technology 1.3% MK-46V Stream OC Aerosol, #43046 | Cost $380.85 each | Quantity: Not to exceed 6 | The MK-46 features a trigger handle, is intended for use in crowd management, and will deliver 26 short bursts of OC at an effective range of 25-30 ft. This 1.3% MC OC aerosol product utilizes a stream delivery method providing a targetspecific, strong concentrated stream for greater standoff. b. Purpose
Chemical agents may be used for crowd control, crowd dispersal, or against barricaded suspects based on the circumstances. This is done to limit the escalation of conflict where employment of lethal force is prohibited or undesirable. c. Authorized Use
Absent exigent circumstances, only sworn members who have completed Departmentapproved training may be issued, use or carry chemical agents. These chemical agents can also be used for training exercises or approved demonstrations. d. Training
Sworn members utilizing chemical agent canisters must be certified by a Department chemical agent instructor during orientation and during reoccurring Department in-service training. Additionally, members of the SPD SWAT Team will receive training on chemical agents bi-yearly and that training will be conducted by a certified chemical agent instructor in two-hour blocks.
e. Expected Lifespan
i. Defense Technology Pocket Tactical Grenade, CS, #1016: 5 years ii. Defense Technology Pocket Tactical Grenade, Saf-Smoke: #1017: 5 years iii. Defense Technology Spede-Heat Continuous Discharge Chemical Grenade, CS:
#10725: 5 years
iv. Defense Technology Large Style Maximum Smoke: #1073: 5 years v. Defense Technology Maximum HC Smoke Military-Style Canister: #1083: 5 years vi. Defense Technology Stinger CS Rubber Ball Grenade: #1088: 5 years vii. Defense Technology Han-Ball Rubber Ball Grenade, CS: #1092: 5 years viii. Defense Technology Han-Ball Grenade, Saf-Smoke: #1093: 5 years ix. Defense Technology OC Aerosol Grenade Fogger, 1OZ: #56814: 5 years x. Defense Technology OC Aerosol Grenade Fogger, 6OZ: #56854: 5 years xi. Combined Tactical Systems (CTS) CS Baffled Canister Grenade, Pyro, Low-Flame:
5230B: 5 years
xii. Combined Tactical Systems (CTS) OC Vapor Grenade: 6340: 5 years xiii. Defense Technology First Defense 1.3% MK-9 Stream, Gel, or Foam OC Aerosol:
#56895, 56591, 56891, 56792: 5 years
xiv. Defense Technology 1.3% MK-46V Stream OC Aerosol: #43046: 5 years f. Fiscal Impact
Expected annual cost of $2,500 to $10,000 to replenish used stock (including training deployments)
g. Legal and Procedural Rules
Military Equipment Inventory Attachment Page 12
Use is established under the Manual (Use of Force, Chemical Agents, and Oleoresin Capsicum - OC). It is the policy of the Department to utilize chemical agents only for official law enforcement purposes, and according to State and Federal law, including those regarding the use of force.

Military Equipment Inventory Attachment Page 13

11. Specialty Impact Munitions (SIMs) - 40mm Launchers and Munitions: These devices are considered less lethal and are used to gain compliance from an individual who is violently or actively resisting. The use of such a device is intended to mitigate the number of serious injuries to officers, the subject, and other individuals.
a. Description, quantity, capabilities, and purchase cost i. 40MM LMT™ Tactical Single Launcher I425, Expandable Stock | Cost: $1,200 each | Quantity: Not to exceed 40 | The 40LMT is a tactical single-shot launcher that features an expandable Rogers Super Stock and an adjustable Integrated Front Grip (IFG) with light rail. The ambidextrous Lateral Sling Mount (LSM) and QD mounting systems allow both a single and two-point sling attachment. The 40LMT will fire standard 40mm lesslethal ammunition, up to 4.8 inches in cartridge length. ii. Penn Armas 40MM Multi-Shot, Pump Advance Launcher - 5” Cylinder | Cost: $3,336 each | Quantity: Not to exceed 6 | A 40mm pump-action advance magazine drum launcher with a fixed stock and combo rail. It has a six-shot capacity 5” cylinder and a 10.75” rifled barrel. The PGL-65 features include a Double-action trigger, trigger lock push button, and hammerlock safeties.
iii. Defense Technology 40MM eXact iMpact™ Sponge Round: #6325 | Cost: $20.79 each | Quantity: Not to exceed 1,000 | The 40 mm exact iMpact™ Sponge Round is a “point-ofaim, point-of-impact” direct fire round that is most commonly used by tactical teams in situations where maximum deliverable energy is desired for the incapacitation of an aggressive, non-compliant subject. The 40 mm exact iMpact™ Sponge Round is intended for direct fire deployment. These areas provide sufficient pain stimulus, while greatly reducing serious or life-threatening injuries. The 40 mm exact iMpact™ Sponge Round can also be deployed in crowd control situations to protect the riot line, cover or enhance chemical munitions, or target specific agitators and organizers of the crowd. When used in this fashion, it is primarily both a psychological deterrent and physiological distraction serving as a pain compliance device to either get the crowd or subject moving or keep them at a designated distance.
iv. Defense Technology 40MM eXact iMpact™ LE 40MM Extended Range Sponge Round:
#6325LE | Cost: $23.52 each | Quantity: Not to exceed 150 | The eXact iMpact™ 40 mm Sponge Round is a point-of-aim, point-of-impact direct-fire round. This lightweight, highspeed projectile consists of a plastic body and sponge nose. It can be launched at a greater distance to provide further separation from officers. Used for crowd control, patrol, and tactical applications.
v. Defense Technology 40MM Direct Impact® OC Round: #6320 | Cost: $20.79 each | Quantity: Not to exceed 1,000 | A less lethal 40 mm lightweight plastic and crushable foam projectile fired from a single or multi-round purpose-built 40 mm grenade launcher with a rifled barrel at 295 feet per second (FPS). The 39-gram crushable foam projectile delivers 120 ft./lbs. of energy upon impact in addition to the dispersion of 5 grams of OC irritant. The 40 mm Direct Impact OC round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 120 feet from the target.
vi. Defense Technology 40MM Direct Impact® OC Adjustable Range Round: #6320A | Cost:
$37.95 each | Quantity: Not to exceed 150 | The 40mm Direct Impact® Adjustable Range Round consists of a plastic body and a crushable foam nose that contains a powder payload. This payload contains an OC powder. The crushable foam nose dissipates energy upon impact while releasing the powder payload. The projectile design has a Military Equipment Inventory Attachment Page 14
unique user-adjustable patented gas-bleed feature, which allows kinetic energy to be adjusted for two design points addressing close-in and extended range engagements. In the opened position, the standard range velocity allows for engagements of 1.5 – 40 meters. In the closed position, the extended range velocity allows for engagements of 40 – 70 meters.
vii. Defense Technology 40MM Direct Impact® CS Round: #6322 | Cost: $20.79 each | Quantity: Not to exceed 1,000 | A less lethal 40 mm lightweight plastic and crushable foam projectile fired from a single or multi-round purpose-built 40 mm grenade launcher with a rifled barrel at 295 feet per second (FPS). The 39-gram crushable foam projectile delivers 120 ft./lbs. of energy upon impact in addition to the dispersion of 5 grams of CS irritant. The 40MM Direct Impact CS round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 120 feet from the target.
viii. Defense Technology Direct Impact® 40MM Adjustable Range Round, CS Marking:
#6322A | Cost: $37.95 each | Quantity: Not to exceed 150 | The 40mm Direct Impact® Adjustable Range Round consists of a plastic body and a crushable foam nose that contains a powder payload. This payload is a marking and CS powder. The crushable foam nose dissipates energy upon impact while releasing the powder payload. The projectile design has a unique user-adjustable patented gas-bleed feature, which allows kinetic energy to be adjusted for two design points addressing close-in and extended range engagements. In the opened position, the standard range velocity allows for engagements of 1.5 – 40 meters. In the closed position, the extended range velocity allows for engagements of 40 – 70 meters.
ix. Defense Technology Ferret 40MM CS Liquid Barricade Penetrator Round, #2262 | Cost:
$22.84 each | Quantity: Not to exceed 500 | The Ferret® 40mm Round is non-burning and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. x. Defense Technology Ferret 40MM CS Powder Barricade Round, #2292 | Cost: $22.15 each | Quantity: Not to exceed 500 | The Ferret® 40 mm Barricade Penetrating Round is filled with a CS powder chemical agent. It is a frangible projectile that is spin-stabilized utilizing barrel rifling. It is non-burning and designed to penetrate barriers. Primarily used to dislodge barricaded subjects, it can also be used for area denial. Primarily used by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impact, the nose ruptures and instantaneously delivers the agent payload inside a structure or vehicle. b. Purpose
The use of these devices is intended to mitigate the number of serious injuries to officers, the subject, and other individuals. The devices limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use
Approved SIM projectiles may be used in any of the following circumstances when the circumstances perceived by the officer at the time indicate that such application is reasonably necessary to:

Military Equipment Inventory Attachment Page 15
i. Control a subject who is violent or is actively resisting ii. Control a subject who has demonstrated, by words or action, an intention to be violent or to physically resist, and reasonably appears to present the potential to harm officers, him/herself or others
iii. Disarm a suspect or control a subject who is reasonably believed to be armed iv. Stop a fleeing subject who is wanted for a serious crime (Mere flight from a pursuing officer, without other known circumstances or factors, is not good cause for the use of a SIM to apprehend an individual)
v. Gain compliance during tactical situations that include but are not limited to a riot or civil unrest
vi. Control dangerous animals
vii. Be used on objects to gain a tactical advantage (e.g., windows, lights, etc.) viii. Training exercises or approved demonstrations
d. Expected Lifespan
i. LMT 40mm Launchers: At least 15 years
ii. Penn Arms 40 mm Multi-Shot, Pump Advance Launcher, 5” Cylinder: At least 15 years iii. Defense Technology 40MM eXact iMpact™ Sponge Round: #6325: 5 years iv. Defense Technology 40MM eXact iMpact™ LE 40MM Extended Range Sponge Round:
#6325LE: 5 years
v. Defense Technology 40MM Direct Impact® OC Round: #6320: 5 years vi. Defense Technology 40MM Direct Impact® OC Adjustable Range Round: #6320A: 5 years
vii. Defense Technology 40MM Direct Impact® CS Round: #6322: 5 years viii. Defense Technology Direct Impact® 40MM Adjustable Range Round, CS Marking:
#6322A: 5 years
ix. Defense Technology Ferret 40MM CS Liquid Barricade Penetrator Round, #2262: 5 years x. Defense Technology Ferret 40MM Powder Barricade Round, #2292: 5 years e. Fiscal Impact
i. Launchers: Annual maintenance is approximately $0 to $100 for each launcher ii. Munitions: Expected annual cost of $2,000 to $5,000 to replenish used stock (including training deployments)
f. Training
All officers receive training on the use of the 40mm LMT launcher with the sponge (#6325) and OC round (#6320). This training occurs during orientation and through reoccurring inservice training taught by Department instructors. SWAT personnel receive additional training internally when they transfer to the unit to include the Penn Arms launcher, CS rounds, barricade rounds, and the other rounds listed. SWAT operators who utilize these munitions have completed an approved chemical agent school and/or training facilitated by a Department-certified chemical agent instructor.
g. Legal and Procedural Rules
Use is established under the Manual (Use of Force, Specialty Impact Munitions (SIM) LessLethal, Chemical Agents, and Oleoresin Capsicum – OC). It is the policy of the Department to utilize the SIM launchers and munitions only for official law enforcement purposes and according to State and Federal law, including those regarding the use of force.

12. Specialty Impact Munitions (SIMs) - 12 Gauge “Bean Bag” Launchers and Munitions:

Military Equipment Inventory Attachment Page 16
a. Description, quantity, capabilities, and purchase cost i. Mossberg 590 12-Gauge Shotgun (Standard Department-issued with color marking to signify its use as less-lethal) | Cost: $645 each | Quantity: Not to exceed 30 | The Mossberg 590 Less Lethal Shotgun is used to deploy the 12-Gauge Drag Stabilized Round up to 75 feet. The range of the weapon system helps to maintain space between officers and an individual, reducing the immediacy of the threat which is a principle of deescalation. ii. Defense Technology 12-Gauge Drag Stabilized Round, #3027 | Cost: $5.34 each | Quantity: Not to exceed 1,000 | The Drag Stabilized™ 12-Gauge Round is a translucent 12-Gauge shell loaded with a 40-Gram tear-shaped bag made from a cotton and ballistic material blend and filled with #9 shot. This design utilizes four stabilizing tails and utilizes smokeless powder as the propellant. This round has a velocity of 270fps with a maximum effective range of 75 feet.
b. Purpose
The use of such a device is intended to mitigate the number of serious injuries to officers, the subject, and other individuals. The devices limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use
Approved SIM projectiles may be used in any of the following circumstances when the circumstances perceived by the officer at the time indicate that such application is reasonably necessary to:
i. Control a subject who is violent or is actively resisting ii. Control a subject who has demonstrated, by words or action, an intention to be violent or to physically resist, and reasonably appears to present the potential to harm officers, him/herself or others
iii. Disarm a suspect or control a subject who is reasonably believed to be armed iv. Stop a fleeing subject who is wanted for a serious crime (Mere flight from a pursuing officer, without other known circumstances or factors, is not good cause for the use of a SIM to apprehend an individual)
v. Gain compliance during tactical situations that include but are not limited to a riot or civil unrest
vi. Control dangerous animals
vii. Be used on objects to gain a tactical advantage (e.g., windows, lights, etc.) viii. Training exercises or approved demonstrations
d. Expected Lifespan
i. Mossberg 590 Shotgun (Standard department-issued): At least 15 years ii. Defense Technology 12-Gauge Drag Stabilized Round: 5 years e. Fiscal Impact
i. Shotgun: Annual maintenance is approximately $0 to $50 for each shotgun ii. Ammunition: Expected annual cost of $200 to $1,000 to replenish used stock f. Training
All officers are trained in the 12-gauge Mossberg 590 less-lethal shotgun with the 12-gauge drag-stabilized round. This training occurs during orientation and through reoccurring inservice training taught by Department instructors. g. Legal and Procedural Rules
Use is established under the Manual (Use of Force and Specialty Impact Munitions (SIM) Less-Lethal). It is the policy of the Department to utilize the SIM launchers and munitions only for official law enforcement purposes and according to State and Federal law, including those regarding the use of force.

AGENDA ITEM NO. 4

It is recommended that the City Council accept the work performed by Motive Energy Storage Systems, Inc. (MESSI) for the Solar PV System Construction Project (Project No. 21033) with a final contract amount of $4,673,215.34.

BACKGROUND:

On April 6, 2021, the City Council authorized the award of a contract to Motive Energy Telecommunications Group, Inc. in the amount of $4,381,950.00, for the FY 2020-21 Solar PV Construction Project. The project included the engineering, procurement, and construction of a 1285kW-DC rooftop mounted and carport solar systems at four sites comprised of the Civic Center, the Senior Center, Cameron Park, and the City Yard. In July 2022, the City consented to the assignment of the agreement to Motive Energy Storage Systems, Inc. (MESSI).

DISCUSSION:

All required improvements were constructed in conformance with the approved plans and specifications.

The work was performed within the contractually specified duration and to the City Engineer’s satisfaction. Construction costs totaled $4,673,215.34, which is within the approved construction budget.

MESSI submitted a Final Completion Certificate on July 12, 2023. Pursuant to the agreement with MESSI, once final completion occurs and MESSI submits a Final Completion Certificate, the City is required to submit the Final Completion Certificate to the City Council for acceptance of the work.

The City retains five percent (5%) of each payment to the contractor as performance security. The City has 60 days from final acceptance of the work by the City Council to pay retention to MESSI.

LEGAL REVIEW:

The City Attorney's Office has reviewed the staff report.

OPTIONS:

The City Council has the following options:

1. Approve Staff's recommendation; or

2. Provide alternative direction.

Fiscal Impact
FISCAL IMPACT:

This contract was funded through a lease purchase agreement under Project No. 21033 (CIP Fund 160). The contract was completed within the approved construction budget.

Construction Contract $4,381,950.00
15% Contingency $657,292.50
Total Construction Estimate $5,039,242.50
Actual Expenditures $4,673,215.34
(Over)/Under Estimate $336,027.16
Attachments
Attachment No. 1- Final Completion Messi
CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety
A Creative and Active Community
Enhance City Image and Effectiveness
ATTACHMENT NO.1
AGENDA ITEM NO. 5

It is recommended that the City Council take the following actions:

1. Award the construction agreement for the Cortez Park Sports Field Lighting Project (Project No. 22016) to F.E.C. Electric, Inc. as the lowest responsible bidder;

2. Authorize the Acting City Manager to execute an agreement with F.E.C. Electric, Inc. for $233,500.00;

3. Authorize the City Manager to negotiate and execute any amendments up to 15% of the awarded agreement amount;

4. Find that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15302 (Replacement or Reconstruction).

BACKGROUND:

As part of the City’s Fiscal Year 2022-2023 Capital Improvement Program, the City Council approved the Park Sports Field Lighting Project, Project No. 22016. The project consists of installation of new lighting standards (poles, fixtures, conduits, panels, etc.) to the two baseball fields and multipurpose field at Cortez Park, located at 2441 E Cortez St., West Covina.

As part of the improvements, seven field light poles will be replaced with new field light standards (poles, fixtures), and seven light poles will be retrofitted with new light fixtures; new light control and monitoring system will also be installed.

On June 20, 2023, the City Council approved a purchase order issued to Musco Sports Lighting, LLC to procure lighting equipment for Cortez Park. Due to the long lead time for the material procurement, staff was able to place the material order prior to start of construction. This procurement method will provide cost and schedule efficiencies. Staff separately solicited bids for a contractor to install the lighting equipment procured by the City.

DISCUSSION:

On July 19, 2023, staff advertised a construction bid package. The following eight (8) bids were On July 19, 2023, staff advertised a construction bid package. The following eight (8) bids were received by the City at the Bid Opening held on August 7, 2023, at 10:00 AM.

Contractor Name Total Bid Amount
F.E.C. Electric, Inc. $233,500.00
Electro Construction Corp. $272,777.00
TJ Construction & Remodeling, Inc. $320,995.00
Lancet Contracting Inc. $356,000.00
ACE Electric, Inc. $359,400.00
CPE Engineering, Inc. $438,500.00
MBC Enterprises, Inc. $619,500.00
Sterndahl Enterprises LLC $747,238.77
Staff conducted a bid analysis including checking references, California Contractor Licensing, Department of Industrial Relations registration, State and Federal debarment list review for the apparent low bidder, F.E.C. Electric, Inc.

Lowest Responsive Bid
The lowest responsive bid was submitted by F.E.C. Electric, Inc. in the amount of $233,500.00.

Following Council’s approval, the City will enter into an agreement with F.E.C. Electric, Inc. (Attachment No. 1)
Project Timeline
If approved, the project is anticipated to commence in November 2023 and to be completed within 2 months.

LEGAL REVIEW:

The City Attorney's Office has reviewed the agreement and approved it as to form.

OPTIONS:

The City Council has the following options:

1. Approve Staff's recommendation; or

2. Provide alternative direction.

ENVIRONMENTAL REVIEW:

The proposed Project is a project subject to CEQA. Staff has reviewed the proposed project and has determined that it is categorically exempt from CEQA pursuant to CEQA Guidelines Section(s) 15302:

Replacement or reconstruction; (c) Replacement or reconstruction of existing utility and/or facilities involving negligible or no expansion of capacity.

Fiscal Impact
FISCAL IMPACT:

Project Estimate
The following is the breakdown of the project estimate:

Construction Contract $233,500
Contingency allowance (15%) $35,025
Total Construction Estimate $268,525
Design Engineering $41,510
Project Management and Administration $30,200
Construction Management, Inspection and Materials Testing/Inspection $40,000 Newspaper Advertisement, Misc. Expenses $5,000
Total Project Estimate $385,235
The funds available for this project are as follows:

Project
No.

Funds Account No. Current Budget
Balance
Amount
Requested
New
Balance
22016 179, ARPA Local Fiscal
Recovery Funds
179.80.7003.7900 491,294 385,235 106,059
Total $491,294 $385,235 $106,059
Attachments
Attachment No. 1 - Construction Services Agreement
CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety
A Creative and Active Community
Enhance City Image and Effectiveness

CITY OF WEST COVINA

CONSTRUCTION SERVICES AGREEMENT FOR
PROJECT NO. 22016

CORTEZ PARK SPORTS FIELD LIGHTING PROJECT
THIS CONSTRUCTION SERVICES AGREEMENT (herein “Agreement”) is made and entered into this 5th day of September, 2023 (“Effective Date”) by and between the CITY OF WEST COVINA, a municipal corporation (herein “City”), and F.E.C. ELECTRIC, INC., a California corporation (herein “Contractor”).

RECITALS
A. City requires construction services for the Cortez Park Sports Field Lighting Project, City Project No. 22016 (“Project”), that meet the requirements as shown in the project specifications and this Agreement.

B. Contractor has submitted a bid to perform the construction services for the Project and has represented to City that Contractor is qualified to perform said services.

C. City has determined that Contractor is the lowest responsible bidder.

D. City and Contractor desire to enter into this Agreement for the Project on the terms and conditions set forth herein.

NOW, THEREFORE, based on the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Contractor hereby agree as follows:

1.0 SERVICES OF CONTRACTOR

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide all work described in the Contract Documents, as further described herein, which services may be referred to herein as the “services” or “work”. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality and fit for the purpose intended.

1.2 Documents Included in Contract. The complete Agreement consists of:
(a) This Agreement;
(b) Notice to Contractors and Instructions to Bidders, Bid Documents and Contract Documents for the Project (collectively, “Bid Documents”), incorporated by this reference as if fully set forth herein;
(c) Addendum No. 1 to the Bid Documents, issued July 27, 2023, incorporated by this reference as if fully set forth herein;
ATTACHMENT NO. 1
Project No. 22016
2 Rev. 08-2023
(d) Addendum No. 2 to the Bid Documents, issued August 1, 2023, incorporated by this reference as if fully set forth herein;
(e) Contractor’s Proposal, attached hereto as Exhibit A and incorporated herein; (f) Certificates of Insurance, attached hereto as Exhibit B and incorporated herein; (g) Bonds, attached hereto as Exhibit C and incorporated herein; (h) The Standard Specifications and Standard Specifications for Public Works Construction, as detailed in Section 19-1 of the West Covina Municipal Code, incorporated by this reference as if fully set forth herein; and (i) All exhibits and attachments to the foregoing documents.

The documents comprising the complete Agreement may be referred to in this Agreement as the “Contract Documents.” In the event of an inconsistency between any of the terms in this Agreement and any of the documents referenced above, this Agreement shall govern.

1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time the work is performed.

1.4 Licenses, Permits, Fees, and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement, including a business license from the City. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder.

Contractor shall be responsible for all subcontractors’ compliance with this Section.

1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that Contractor (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor’s risk until written instructions are received from the Contract Officer.

1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own active negligence.

1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably Project No. 22016
3 Rev. 08-2023
necessary to carry out the purposes of this Agreement. Contractor shall require all subcontractors to comply with the provisions of this Agreement.

1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. All change orders are subject to the requirements of West Covina Municipal Code Section 2-358. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor.

1.9 Prevailing Wage Requirements.
(a) Prevailing Wage Laws. Contractor is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. This Project is a “public works” project and requires compliance with the Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. (b) Payment of Prevailing Wages. Contractor shall pay the prevailing wage rates for all work performed under this Agreement. When any craft or classification is omitted from the general prevailing wage determinations, Contractor shall pay the wage rate of the craft or classification most closely related to the omitted classification. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is incorporated into this Agreement as if fully set forth herein. Contractor shall post a copy of such wage rates at all times at the Project site(s). (c) Legal Working Day. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor and any subcontractor(s) of Contractor shall comply with the provisions of the Labor Code regarding eight (8)-hour work day and 40-hour work week requirements, and overtime, Saturday, Sunday, and holiday work. Work performed by Contractor’s or any subcontractor’s employees in excess of eight (8) hours per day, and 40 hours during any one week, must include compensation for all hours worked in excess of eight (8) hours per day, or 40 hours during any one week, at not less than one and one-half times the basic rate of pay. Contractor shall forfeit as a penalty to City Twenty-Five Dollars ($25.00), or any greater penalty set forth in the Labor Code, for each worker employed in the execution of the work by Contractor or by any subcontractor(s) of Contractor, for each calendar day during which such worker is required or permitted to the work more than eight (8) hours in one calendar day or more than 40 hours in any one calendar week in violation of the Labor Code.

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(d) Apprentices. Contractor shall comply with the provisions of Labor Code Section 1777.5 concerning the employment of apprentices on public works projects. Contractor shall be responsible for ensuring compliance by its subcontractors with Labor Code Section 1777.5. (e) Payroll Records. Pursuant to Labor Code Section 1776, Contractor and any subcontractor(s) shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor or any subcontractor in connection with this Agreement. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct; and (2) The employer has complied with the requirements of Sections 1771, 1881, and 1815 of the Labor Code for any work performed by his or her employees on this Project. The payroll records shall be certified and shall be available for inspection at all reasonable hours in accordance with the requirements of Labor Code Section 1776.
(f) Registration with DIR. Contractor and any subcontractor(s) of Contractor shall comply with the provisions of Labor Code Section 1771 and Labor Code Section 1725.5 requiring registration with the DIR.

2.0 COMPENSATION

2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of Two Hundred Thirty-Three Thousand Five Hundred Dollars ($233,500.00) (herein “Contract Sum”), except as provided in Section 1.8 (Additional Services). The Contract Sum shall include the attendance of Contractor at all Project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings.

2.2 Progress Payments. Prior to the first day of the month, during the progress of the work, commencing on the day and month specified in the Agreement, Contractor shall submit to the Contract Officer a complete itemized statement of all labor and materials incorporated into the work during the preceding month and the portion of the Contract Sum applicable thereto. Upon approval in writing by the Contract Officer, payment shall be made within thirty (30) days. City shall pay Contractor a sum based upon ninety five percent (95%) of the Contract Sum apportionment of the labor and materials incorporated into the work under the Agreement during the month covered by said statement. The remaining five percent (5%) of the Contract Sum shall be retained as performance security as detailed in Section 2.3 (Retention of Funds).

2.3 Retention of Funds. Progress payments shall be made in accordance with the provisions of Section 2.2 (Progress Payments) of this Agreement. In accordance with said section, City will retain five percent (5%) of the Contract Sum apportionment from each progress payment as performance security to be paid to the Contractor within sixty (60) days after final acceptance of the work by the City Council, after Contractor furnishes City with a release of all undisputed contract amounts if required by City. If there are any claims specifically excluded by Contractor from the operation of the release, the City may retain proceeds as authorized by Public Contract Code Section 7107 of up to 150% of the amount in dispute. City’s failure to deduct or withhold Project No. 22016
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shall not affect Contractor’s obligations hereunder. To the extent consistent with Public Contract Code Section 22300, Contractor may request and City shall make payment of retentions earned directly to an escrow agent at the expense of Contractor, and may direct the investment of the payments into securities and Contractor shall receive the interest earned on the investments upon the same terms provided for in Public Contract Code Section 22300 for securities deposited by Contractor. Upon satisfactory completion of this Agreement, Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the City.

3.0 PERFORMANCE SCHEDULE

3.1 Time of Essence. Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall complete all services within forty (40) working days. Contractor shall submit for the Contract Officer’s approval its proposed Construction Schedule. Contractor shall perform the services in accordance with the approved Construction Schedule. When requested by the Contractor, extensions to the time period(s) specified in the Construction Schedule may be approved in writing by the Contract Officer.

3.3 Force Majeure. The time period(s) specified in the Construction Schedule for performance of the services rendered pursuant to this Agreementshall be extended to the extent caused by delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency other than the City, if the Contractor within ten (10) days of the commencement of such delay notifies the Contract Officer in writing of the causes for the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. Contractor shall not be entitled to any damages or increase in compensation due to force majeure.

3.4 Term. Unless earlier terminated as set forth herein, this Agreement shall continue in full force and effect until final approval and acceptance of the Project by the City.

4.0 COORDINATION OF WORK

4.1 Representative of Contractor. The following principal(s) of Contractor are hereby designated as being the principal(s) and representative(s) of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

Ronald Moore, President
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principal(s) were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal(s) shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.

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For purposes of this Agreement, the foregoing principal(s) may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.

4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager or City Engineer of City. The Contractor shall keep the Contract Officer informed of Contractor’s progress on the services. The Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein or in the City’s Municipal Code, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required by this Agreement, to the extent permitted by the City’s Municipal Code.

4.3 Prohibition Against Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the City’s express consent.

4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its subcontractors, agents or employees, performs the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, subcontractors, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role.

Contractor shall not at any time or in any manner represent that it or any of its subcontractors, agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor.

4.5 Identity of Persons Performing Work. Contractor represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all tasks and services set forth herein. Contractor represents that the tasks and services required herein will be performed by Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.

4.6 Utility Relocation. City, and not Contractor, is responsible for removal, relocation, or protection of existing main or trunkline utilities but only to the extent such utilities were not identified in the invitation for bids or specifications. Where the specifications call for the Contractor to remove, relocate, reconstruct or protect such lines, all such work shall be deemed included in the Contract Sum.

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immediately notify City and the affected utility company in writing of such belief, and the basis therefor, and Contractor shall thereafter work with the City and the utility company to coordinate such removal, relocation or protection. City shall reimburse Contractor for its reasonable costs incurred in locating and repairing damage not caused by Contractor, and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delays which meet both of the following requirements: (i) the delays occurred after Contractor gave City the written notice required by this Section; and (ii) the delays were caused by the removal, protection, or relocation of such unidentified utility facilities. Nothing herein shall be deemed to prevent the City from seeking reimbursement of any such costs from the affected utility company.

4.7 Trenches or Excavations. Pursuant to Public Contract Code Section 7104, if the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply:
(a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work, shall issue a change order per Section 1.8 (Additional Services) of this Agreement.
(c) If a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties.

4.8 Best Management Practices. Contractor shall implement and maintain activity specific Best Management Practices (BMPs) to prevent pollutant loading from stormwater and nonstormwater discharges to receiving waters as required in Municipal NPDES Permit No.

CAS004004. Contracting staff whose primary job duties are related to implementation of BMPs shall be adequately trained to effectively implement, operate, and maintain such BMPs and must be versed in factors affecting BMP effectiveness. Contractor shall certify it has received all applicable training to implement the requirements in Municipal NPDES Permit No. CAS004004 and shall provide documentation to that effect.

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5.0 INSURANCE

5.1 Minimum Scope and Limits of Insurance. Contractor shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, with a current A.M. Best’s rating of no less than A:VII, and approved by City:
(a) Broad-form commercial general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than Two Million Dollars ($2,000,000.00) per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit.
(b) Business automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limit per accident for bodily injury and property damage. (c) Workers’ compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. Contractor agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Contractor for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.

By execution of this Agreement, the Contractor certifies as follows:

I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers’ Compensation or to undertake selfinsurance before commencing any of the work.

The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers’ Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of this Agreement by the City. The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this section. (d) Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the Project and no coinsurance penalty provisions. The Builder’s Risk coverage shall name the City as a loss payee. If the Project does not involve new or major construction, City may, in its discretion, permit an Installation Floater. If authorized, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion, or adjustment to existing buildings, structures, processes, machinery and Project No. 22016
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equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery, or equipment damaged, impaired, broken or destroyed during the performance of the work, including during transit, installation, and testing at the Project site.

If the Contractor maintains higher limits or has broader coverage than the minimums shown above, the City requires and shall be entitled to all coverage, and to the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

5.2 Endorsements. The insurance policies are to contain, or be endorsed to contain, the following provisions:
(a) Additional Insureds: The City of West Covina and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Contractor pursuant to its contract with the City; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor.
(b) Notice of Cancelation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. (c) Primary Coverage: The Contractor’s insurance coverage shall be primary insurance as respects the City of West Covina, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of West Covina shall be excess and not contributing with the insurance provided by this policy. (d) Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
(e) Coverage Not Affected: Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of West Covina, its officers, officials, agents, employees, and volunteers.
(f) Coverage Applies Separately: The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

5.3 Deductible or Self-Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, Project No. 22016
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claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

5.4 Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

5.5 Non-limiting. Nothing in this Section shall be construed as limiting in any way the indemnification provision contained in this Agreement or the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor’s or its subcontractors’ performance of the work covered under this Agreement.

5.6 Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that the City is listed as an additional insured on insurance required of subcontractors.

5.7 Sufficiency of Insurers. Insurance required by this Agreement shall be satisfactory only if issued by companies authorized to do business in California, rated with a current A.M. Best’s rating of no less than A:VII unless such requirements are waived by the City’s Risk Manager in writing due to unique circumstances. If the City’s Risk Manager determines that the work or services to be performed under this Agreement creates an increased risk of loss to the City, the Risk Manager may increase the minimum limits of the insurance policies required by this Section by providing written notice to Contractor; provided that the Contractor may appeal such determination to the City Council of City within ten (10) days of receipt of notice from the Risk Manager.

6.0 BONDS

6.1 Labor and Materials, Performance and Warranty Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City: (1) a labor and materials bond in an amount equal to one hundred percent (100%) of the Contract Sum as security for the payment of all persons furnishing labor or materials in connection with the work, (2) a performance bond in an amount equal to one hundred percent (100%) of the Contract Sum as security for the faithful performance of this Agreement, and (3) a warranty bond in an amount equal to fifty percent (50%) of the Contract Sum to guarantee the work for a period of one (1) year following completion of the work, on the forms provided by the City. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement and shall be released or exonerated only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement.

6.2 Sufficiency of Sureties. Sureties must be authorized to issue bonds in California. In addition, sureties must possess a minimum rating from A. M. Best Company of A:VII and must be listed as an acceptable surety on federal bonds by the United States Department of the Treasury, http://www.fms.treas.gov/c570/c570.html, subject to the maximum amount shown in the listing. If co- Project No. 22016
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sureties are used, their bonds must be on a joint and several basis.

6.3 Substitution of Securities. Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under the Agreement for the work to be performed will be permitted at the request and expense of Contractor.

7.0 INDEMNIFICATION
Contractor agrees to defend (with legal counsel of City’s choosing), indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Contractor’s sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Contractor, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Contractor, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Contractor, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by the Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not the Contractor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained in any other document, which shall be of no force and effect. (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith.
(b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor’s (or its agents’, employees’, subcontractors’, or invitees’) negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom. (c) If the City, its officers, agents or employees is/are made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees for counsel acceptable to City.
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to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act (“FIFRA”), Comprehensive Environmental Response, Compensation and Liability Act of 1980 (“CERCLA”), Resource Conservation and Recovery Act of 1976 (“RCRA”), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances Control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter-Cologne Water Quality Control Act, as any of those statutes may be amended from time to time.

Contractor’s indemnification obligations pursuant to this Section shall survive the termination of this Agreement. Contractor shall require the same indemnification in favor of City from all subcontractors.

8.0 RECORDS AND REPORTS

8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer may require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.

8.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records (including but not limited to payroll records as required herein) as may be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.

8.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.

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9.0 ENFORCEMENT OF AGREEMENT; TERMINATION

9.1 Governing Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

9.2 Notice of Default and Cure Period. If either party fails to perform its obligations hereunder, the nondefaulting party may provide the defaulting party written notice of such default. The defaulting party shall have ten (10) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) day period, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, provided the defaulting party commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the nondefaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the nondefaulting party shall have the right, in addition to any other rights the nondefaulting party may have at law or in equity, to terminate this Agreement, and/or to call upon any completion or payment bond or other security for performance thereof. Compliance with the provisions of this Section shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any party’s right to take legal action in the event that the dispute is not cured.

9.3 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, Contractor shall vacate any City owned property which Contractor is permitted to occupy hereunder and City may, upon termination, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated.

9.4 Termination for Convenience. The City may terminate this Agreement without cause for convenience of the City upon giving Contractor thirty (30) days prior written notice of termination of the Agreement. Upon receipt of the notice of termination, the Contractor shall cease all further work pursuant to the Agreement. Upon such termination by the City, the Contractor shall not be entitled to any other remedies, claims, actions, profits, or damages except as provided in this paragraph. Upon the receipt of such notice of termination, Contractor shall be entitled to the following compensation:
(a) The contract value of the work completed through and including the date of receipt of the notice of termination, less the amount of progress payments received by Contractor. (b) Actual move-off costs including labor, rental fees, equipment transportation costs, the Project No. 22016
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costs of maintaining on-site construction office for supervising the move-off. (c) The cost of materials custom-made for this Agreement which the Contractor cannot use in its normal course of business, and for which the City has not already paid. (d) Any costs shall not include any markups as might otherwise be allowed by any plans or specifications which were a part of the Agreement.

The provisions of this Section shall supersede any inconsistent provisions of the Agreement or the Bid Documents. City and Contractor agree that the provisions of this Section are a substantive part of this Agreement’s consideration.

9.5 “Claims” by Contractor under Section 9204. Notwithstanding any other provision of this Agreement to the contrary, this Agreement shall be subject to all requirements of Public Contract Code Section 9204 (“Section 9204”) as it may be amended from time to time. The parties acknowledge that Section 9204 applies to certain requests by Contractor, such as certain requests for time extensions, certain requests for payments not covered by contract, and certain requests for payments of amounts disputed by City. The parties further acknowledge that Section 9204 establishes all of the following: (i) Contractor may submit a “claim” to the City, as that term is defined in Section 9204; (ii) City has an initial 45 days to review and respond to the claim to state “what portion of the claim is disputed and what portion is undisputed”. If the City does not issue a written statement, the claim is deemed rejected in its entirety; (iii) Contractor must furnish reasonable documentation to support the claim; (iv) City has 60 days from its written determination to pay any undisputed amount; and (v) specified procedures apply to resolve any amounts in dispute.

9.6 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be considered a waiver of any other default concerning the same or any other provision of this Agreement.

9.7 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

9.8 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

9.9 Liquidated Damages. Contractor agrees that failure to complete work within the time allowed herein will result in damages being sustained by the City. Contractor further agrees that the determination of actual damages for any delay in performance of this Agreement would be extremely Project No. 22016
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difficult or impractical to determine in the event of a breach of this Agreement. Therefore, Contractor agrees that it and its sureties shall be liable for and shall pay to the City liquidated damages in the amount of Five Hundred Dollars ($500.00) for each calendar day of delay in the performance of any service required hereunder. Contractor further agrees that liquidated damages may be assessed for failure to comply with the emergency call out requirements described in the Scope of Services. The City may withhold from any amounts payable on account of services performed by the Contractor any accrued liquidated damages. Contractor, on behalf of itself and its sureties, and City agree that the liquidated damages constitute a reasonable estimate of actual damages, and are not punitive.

10.0 CITY OFFICERS AND EMPLOYEES, NONDISCRIMINATION

10.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

10.2 Conflict of Interest. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

10.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, gender expression, marital status, national origin, disability, pregnancy, sexual orientation or ancestry in the performance of this Agreement. To the extent required by law, Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, gender expression, marital status, national origin, disability, pregnancy, sexual orientation or ancestry.

11.0 MISCELLANEOUS PROVISIONS

11.1 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and shall be deemed to be given when served personally or deposited in the U.S. Mail, prepaid, first-class mail, return receipt requested, addressed as follows:

To City: City of West Covina
1444 West Garvey Avenue South
West Covina, CA 91790
Attn: City Engineer
To Contractor: F.E.C. Electric, Inc.

PO Box 77
Redlands, CA 92373
Attn: Ronald Moore

11.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of Project No. 22016
16 Rev. 08-2023
the authorship of this Agreement or any other rule of construction which might otherwise apply.

11.3 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

11.4 Severability. If one or more of the words, phrases, sentences, clauses, paragraphs, or sections in this Agreement is declared unenforceable by a court of competent jurisdiction, such unenforceability shall not affect any of the remaining words, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are severable. Remaining enforceable provisions shall be interpreted to carry out the intent of the parties unless an invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

11.5 Hiring of Undocumented Aliens Prohibited. Contractor shall not hire, employ, or allow any person to work under this Agreement unless such person is properly documented and may legally work within the United States.

11.6 Unfair Business Practices Claims. Consistent with Public Contract Code Section 7103.5, Contractor, on behalf of itself and all subcontractors, offers and agrees to assign to the City all rights, title, and interest in and to all causes of action they may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) and under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to this Agreement. This assignment becomes effective when the City renders final payment to the Contractor without further acknowledgment by the parties.

11.7 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.

11.8 Legal Responsibilities. The Contractor shall keep itself informed of City, State, and Federal laws, ordinances and regulations, which may in any manner affect the performance of its services pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws, ordinances and regulations. Neither the City, nor its officers, agents, assigns nor employees shall be liable at law or in equity as a result of the Contractor’s failure to comply with this Section.

11.9 Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. Counterpart written signatures may be transmitted by facsimile, email or other electronic means and have the same legal effect as if they were original signatures.

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[SIGNATURE PAGE FOLLOWS.]
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IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first written above.

CITY OF WEST COVINA,
A municipal corporation
__________________________________ Date: __________________________ Paulina Morales
Acting City Manager

CONTRACTOR
__________________________________ Date: __________________________ Ronald Moore
President
ATTEST:
________________________________
Lisa Sherrick
Assistant City Clerk
APPROVED AS TO FORM:
__________________________________ Date: ________________________ Thomas P. Duarte
City Attorney
APPROVED AS TO INSURANCE:
____________________________________ Date: ________________________ Stephanie Sikkema
Acting Human Resources and
Risk Management Director

EXHIBIT A
CONTRACTOR’S PROPOSAL

22016

EXHIBIT B

CERTIFICATES OF INSURANCE

EXHIBIT C
BONDS
AGENDA ITEM NO. 6

LA PUENTE, AND SOUTH EL MONTE REGARDING IMPLEMENTATION OF THE

COORDINATED INTEGRATED MONITORING PROGRAM FOR THE UPPER SAN

GABRIEL RIVER WATERSHED
RECOMMENDATION:

It is recommended that the City Council authorize the Acting City Manager to execute the Memorandum of Agreement between West Covina and the County of Los Angeles, the Los Angeles Flood Control District, and the Cities of Baldwin Park, Covina, Glendora, Industry, La Puente and South El Monte regarding the administration and cost sharing for the implementation of the Coordinated Integrated Monitoring Program for the Upper San Gabriel River Watershed.

BACKGROUND:

The Federal Clean Water Act of 1972 established the National Pollutant Discharge Elimination System (NPDES) Storm Water Program to regulate discharge of pollutants from point sources to waters of the United States. However, pollution from storm water and dry-weather urban runoff (non-storm water) was largely unabated for several years. In response to the 1987 Amendments to the Clean Water Act, the United States Environmental Protection Agency (USEPA) implemented the NPDES Municipal Separate Storm Sewer Systems (MS4) Permit Program in 1990, which established a framework for regulating municipal and industrial discharges of storm water and non-storm water.

In California, the NPDES Program is administered by the State Water Resources Control Board. The first countywide NPDES MS4 Permit for the County of Los Angeles and incorporated cities therein (including West Covina) was Order No. 90-079 adopted by the Los Angeles Regional Water Quality Control Board on June 18, 1990. The MS4 Permit required the Permittees to develop and implement a Storm Water Management Plan with the goal of reducing discharge of pollutants to the maximum extent practicable (MEP). MEP was the performance standard specified in Section 402(p) of the Clean Water Act. The MS4 Permit identified best management practices (BMPs) that would be used to address the different program areas, including: public education outreach; illicit discharge detection and elimination; construction and post-construction activities; and housekeeping for municipal operations.

Since then, the MS4 Permit has been renewed three times as follows:

Order No. 96-054 adopted on July 15, 1996
Order No. 01-182 adopted on December 13, 2001 (amended three times) Order No. 12-0175 adopted on November 8, 2012
DISCUSSION:

Currently, West Covina, along with 84 other municipalities (Permittees), is subject to NPDES MS4 Permit Order No. R4-2012-0175 adopted by the Regional Board in November 2012. Aside from requiring Permittees to continue implementing the above program elements, the MS4 Permit identified 33 total maximum daily load (TMDL) allocations for pollutants that the Permittees need to address and mitigate. For West Covina, the MS4 Permit identified bacteria, metals and selenium TMDLs for San Gabriel River. In an effort to comply with all TMDL numeric targets, the City is participating in the Upper San Gabriel River (USGR) Enhanced Watershed Management Program (EWMP). The USGR Watershed group is comprised of the County of Los Angeles, Los Angeles Flood Control District (LACFCD), and the Cities of Baldwin Park, Covina, Glendora, Industry, La Puente, South El Monte and West Covina. The EWMP consists of customized strategies, watershed control measures, BMPs, and multi-benefit regional projects that retain and infiltrate storm water runoff from the 85th percentile, 24-hour storm event for drainage areas tributary to these projects in the watershed. The USGR EWMP was approved by the Regional Board in April 2016.

In addition to the EWMP, the USGR group developed and implemented a Coordinated Integrated Monitoring Program (CIMP) to progressively monitor water quality and determine the effectiveness of the EWMP strategies or activities. The County, LACFCD, and the Cities of Baldwin Park, Covina, Glendora, Industry, La Puente and South El Monte executed a Memorandum of Understanding (Original MOU) for implementation of the CIMP in October 2013. For its participation in the CIMP, West Covina executed a separate MOU with the County in June 2015. In August 2017, the Original MOU was amended to add West Covina as a party to the agreement. In addition, the Cities of El Monte, Irwindale, La Habra Heights and Walnut (Individual Cities) have entered into a separate MOU with the County for cost-sharing participation in receiving water monitoring of the CIMP. The City of West Covina executed a second Memorandum of Agreement (MOA) for the implementation of the CIMP for the Upper San Gabriel River Watershed in September 2019.

The CIMP is the EWMP watershed’s approach to an effective monitoring program. Existing water quality data in the San Gabriel River is insufficient. Thus, one of the goals of the CIMP is to provide a more complete profile of the receiving water conditions in the EWMP area. This is being achieved by the installation of receiving waters and outfall monitoring sites within the watershed. The monitoring specified in the CIMP is dynamic - an adaptive management process is being utilized to evaluate and update the monitoring requirements as necessary. Monitoring data from the CIMP ties into the EWMP by providing feedback on water quality changes resulting from control measures implemented by watershed members. Based on the results of the CIMP, the group may revise the watershed control measures, BMPs and/or regional projects as necessary in order to comply with TMDL requirements of the MS4 Permit. The Final CIMP was approved by the Regional Board in November 2015. Minor modifications to the CIMP were approved in May 2019.

With the current CIMP MOU scheduled to terminate on December 31, 2023, the USGR Watershed group has developed a new MOA for cost-sharing participation. The MOA was circulated to all members of the Watershed group for their review and comments.

Staff recommends that the City Council authorize the Acting City Manager to execute the MOA.

LEGAL REVIEW:

The City Attorney's Office has reviewed the agreement and approved it as to form.

OPTIONS:

The City Council has the following options:

1. Approve Staff's recommendation; or

2. Provide alternative direction.

Prepared by: Michael Ackerman P.E.

Fiscal Impact
FISCAL IMPACT:

The following table shows the City of West Covina’s funding contribution for CIMP implementation per the MOA:

Fiscal Year West Covina’s Funding Contributions
2023-2024 $107,019
2024-2025 $110,475
2025-2026 $114,825
2026-2027 $106,380
Contingency (10%) $43,869
Total Cost with Contingency $482,568
Funding for CIMP implementation will be covered by the Measure W, Safe Clean Water Program:

Program Account No.

FY2023-24
Budget
Estimated Fiscal Impact
FYE 2024 FYE 2025 FYE 2026
Coordinated
Integrated
Monitoring Program
Implementation 197.503.71.72.16.00.61.61300 $290,200 $107,019 $110,475 $114,825 Attachments
Attachment No. 1 - Memorandum of Agreement
CITY COUNCIL GOALS & OBJECTIVES: Maintain Good Intergovernmental Relations HOA.104339132.1 Page 1 of 28

MEMORANDUM OF AGREEMENT

BETWEEN THE COUNTY OF LOS ANGELES, THE LOS ANGELES COUNTY

FLOOD CONTROL DISTRICT AND THE CITIES OF BALDWIN PARK, COVINA,

GLENDORA, INDUSTRY, LA PUENTE, SOUTH EL MONTE, AND WEST COVINA

REGARDING THE ADMINISTRATION AND COST SHARING FOR IMPLEMENTING

THE COORDINATED INTEGRATED MONITORING PROGRAM

FOR THE UPPER SAN GABRIEL RIVER WATERSHED
This Memorandum of Agreement (“MOA”) is made and entered as of the date of the last signature set forth below by and among the COUNTY OF LOS ANGELES (“COUNTY”), a political subdivision of the State of California, the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT (“LACFCD”), a body corporate and politic, and the City of Glendora, a general law city & municipal corporation, and CITIES OF BALDWIN PARK, COVINA, INDUSTRY, LA PUENTE, SOUTH EL MONTE, and WEST COVINA (“CITIES”), municipal corporations. Collectively, these entities shall be known herein as PARTIES or individually as PARTY.

WITNESSETH
WHEREAS, the Regional Water Quality Control Board, Los Angeles Region (REGIONAL BOARD) adopted National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System Permit (2012 MS4 Permit) Order No. R4-2012- 0175; and
WHEREAS, the 2012 MS4 Permit became effective on December 28, 2012, and requires that the COUNTY, the LACFCD, and 84 of the 88 cities (excluding Avalon, Long Beach, Palmdale, and Lancaster) within the Los Angeles County comply with the prescribed elements of the MS4 Permit; and
WHEREAS, the REGIONAL BOARD adopted a new NPDES Municipal Separate Storm Sewer System Permit (2021 MS4 Permit) Order No. R4-2021-0105, which became effective on September 11, 2021, and continues to impose compliance requirements; and WHEREAS, the 2021 MS4 Permit identified the PARTIES as MS4 permittees that are responsible for compliance with the 2021 MS4 Permit requirements pertaining to the San Gabriel River Watershed Management Area; and
WHEREAS, the COUNTY, the LACFCD, and the Cities of Baldwin Park, Covina, Glendora, Industry, La Puente, and South El Monte collectively known as the ORIGINAL AGENCIES, entered into a memorandum of understanding on October 24, 2013 to collaborate in the development of a Coordinated Integrated Monitoring Program (“CIMP DEVELOPMENT MOU”); and
ATTACHMENT NO. 1
HOA.104339132.1 Page 2 of 28
WHEREAS, the Coordinated Integrated Monitoring Program (CIMP) was submitted to REGIONAL BOARD on June 30, 2014 and was conditionally approved on June 19, 2015; and
WHEREAS, the ORIGINAL AGENCIES executed a memorandum of understanding on August 11, 2015 to cooperatively administer and share the estimated costs of implementing the CIMP (“COST-SHARING MOU NO. 1”); and WHEREAS, the Final CIMP was approved by the REGIONAL BOARD on November 13, 2015; and
WHEREAS, the ORIGINAL AGENCIES executed an amendment to the COSTSHARING MOU NO. 1 on September 28, 2017, to acknowledge and incorporate the City of West Covina’s participation in the CIMP and include it as a party; and WHEREAS, COST-SHARING MOU NO. 1 expired on December 31, 2019; and WHEREAS, the PARTIES executed a memorandum of agreement on November 13, 2019, regarding the administration and cost sharing for implementing the CIMP for the Upper San Gabriel River Watershed (“COST-SHARING MOU NO. 2”); and WHEREAS, COST-SHARING MOU NO. 2 expires on December 31, 2023; and WHEREAS, the PARTIES propose to continue to cooperatively administer and share the estimated costs of implementing the CIMP; and WHEREAS, the PARTIES propose to hire consultants (“CONSULTANTS”) as set forth in Section 7(a), below, to implement certain requirements of the CIMP and 2021 MS4 Permit, which for purposes of this MOA may also include the preparation of reports required by the CIMP and 2021 MS4 Permit and any necessary revisions to the CIMP in compliance with the 2021 MS4 Permit; and
WHEREAS, the PARTIES have determined that hiring CONSULTANTS to implement certain requirements of the CIMP and 2021 MS4 Permit will be beneficial to the PARTIES and have collaboratively prepared the scope of work (“Scope of Work”) for the CONSULTANTS which is attached hereto as Exhibit C and incorporated into this MOA by reference; and
WHEREAS, the COUNTY intends to enter into separate memoranda of agreements with the cities of El Monte, Irwindale, La Habra Heights, and Walnut (collectively, “INDIVIDUAL CITIES”) to share the costs of monitoring receiving waters as described in the CIMP; and
WHEREAS, the cost-share formula for the INDIVIDUAL CITIES is the greater of the percentage of land area in the Upper San Gabriel River Watershed multiplied by the HOA.104339132.1 Page 3 of 28
cost of receiving water monitoring plus report preparation, or $8,000.00 per annum for FY 23-24 through FY 26-27, inclusive; and
WHEREAS, this MOA shall incorporate the annual contributions from the INDIVIDUAL CITIES and use these funds to offset the annual contributions from the PARTIES; and
NOW, THEREFORE, in consideration of the mutual benefits to be derived by the PARTIES, and of the promises contained in this MOA, the PARTIES agree as follows:

Section 1. Recitals. The recitals set forth above are incorporated into this MOA.

Section 2. Purpose. The purpose of this MOA is to cooperatively administer and fund the implementation of certain requirements of the CIMP and 2021 MS4 Permit, and to coordinate the payment and performance of the monitoring and reporting services.

Section 3. Cooperation. The PARTIES shall fully cooperate with one another to attain the purposes of this MOA.

Section 4. Voluntary. This MOA is voluntarily entered into for the implementation of certain requirements of the CIMP and 2021 MS4 Permit.

Section 5. Term. This MOA shall become effective on the last date of execution by a PARTY, and shall remain in effect until (1) COUNTY has provided the PARTIES with an accounting as set forth in Section 7(f) and the PARTIES have paid all outstanding invoices, or (2) December 31, 2027, whichever comes last.

Section 6. Cost-Sharing
a. Continuation of Monitoring. Each PARTY, by executing this MOA, expressly agrees that all costs to be shared hereunder shall begin to accrue on July 1, 2023. b. The PARTIES shall collectively fund the costs of complying with the requirements of the CIMP and 2021 MS4 Permit as shown in Tables 1a and 1b, of Exhibit A which include a five percent (5%) program project administration cost payable to the COUNTY, up to a maximum amount of $5,338,541 for 4 years. The costs shown in Table 1a include the offset from the INDIVIDUAL CITIES purchasing receiving water monitoring data collected under this MOA. c. The LACFCD’s contribution shall be credited for conducting the 4th wet weather monitoring event at the Mass Emissions Station on behalf of the Group, as shown in Tables 3 and 4a of Exhibit A. Every other PARTY’s contribution shall be based on the cost allocation formula contained in Table 2a and 2b of Exhibit A of this MOA.

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d. If actual costs exceed the cost estimates contained in Tables 1a and 1b of Exhibit A, the PARTIES may elect to contribute an additional amount, not to exceed ten percent (10%) of their respective contributions, as shown in Tables 4a and 4b of Exhibit A.
e. The PARTIES shall collectively determine a cost-share breakdown for and contribute to the California Stormwater Quality Association (“CASQA”) Regional Membership Fees on an annual basis.

Section 7. COUNTY agrees:
a. Consultant Services. To retain a CONSULTANT to perform the Scope of Work, and any work arising from any subsequent changes to the CIMP as agreed upon by the PARTIES and approved by the REGIONAL BOARD. COUNTY will comply with all procurement requirements applicable to said selection. b. Invoice. To invoice the PARTIES in amounts not exceeding the invoice amounts shown in Tables 4a and 4b of Exhibit A. Optional services in Table 4b will be invoiced separately should these services become required based on program needs. The annual payments for the period of July 1 through June 30 will be invoiced in July of that year, except for the first invoice, which will be issued upon the execution of this MOA by all PARTIES. At the end of each fiscal year, any unused funds will be rolled over and used towards the PARTIES' contributions in future years, and the outstanding invoice amounts set forth in Tables 4a and 4b of Exhibit A for future years will be reduced accordingly. c. Expenditure. To utilize the funds deposited by the PARTIES only for the purposes authorized by this MOA. COUNTY will provide an accounting of funds expended and remaining at the end of each fiscal year.
d. Contingency. To notify the PARTIES if actual costs are anticipated to exceed the cost estimates contained in Tables 1a and 1b of Exhibit A and obtain written approval of such additional costs from all PARTIES. Upon approval, the PARTIES agree to reimburse COUNTY for their proportional share of these additional costs at an amount not to exceed 10 percent of the original cost estimate as shown in Tables 4a and 4b of Exhibit A. This contingency amount will not be invoiced, unless actual expenditures exceed the original cost estimate.
e. Report. To submit reports to the REGIONAL BOARD as described in the CIMP and distribute copies of the reports to the PARTIES prior to submittal to the REGIONAL BOARD for review and comment. COUNTY will provide the PARTIES with an electronic copy of the completed CIMP Annual Report within 7 business days after receipt from the CONSULTANT. In addition, COUNTY will submit to the PARTIES the data used to prepare the reports. No report shall be submitted to the REGIONAL BOARD unless and until it has been approved, in writing, for submittal by all PARTIES, excepting a PARTY or PARTIES whose involvement in this MOA HOA.104339132.1 Page 5 of 28
has been terminated or who fails to respond to requests for approval. This data will be transmitted electronically in a format that contains the table structure and syntax agreed upon by the PARTIES, e.g., California Environmental Data Exchange Network format.
f. Termination or Expiration. To provide an accounting within 90 days of the termination or expiration of this MOA, and to return any unused funds deposited with the COUNTY within 180 days of said termination or expiration, in accordance with the cost allocation formulas set forth in Exhibit A Tables 2a and 2b. Subject to agreement by the COUNTY, any funds which are to be reimbursed to a PARTY may be reimbursed through credits towards future invoices and agreements, if requested in writing by that PARTY.
g. Permit. To work with the CONSULTANT to obtain all necessary permits for the installation, operation and maintenance of monitoring equipment within storm drains, channels, catch basins, and similar properties (FACILITIES) during monitoring events and maintenance.

Section 8. The LACFCD agrees:
a. Mass Emission Stations Monitoring. To conduct monitoring at the existing mass emission stations owned and operated by the LACFCD in accordance with the CIMP, but limited to water column chemistry and aquatic toxicity. The LACFCD will conduct monitoring for the first two dry weather events and three wet weather events at no cost to the other PARTIES or their CONSULTANTS. b. Additional Monitoring at LACFCD Mass Emission Stations. To coordinate with COUNTY for any additional monitoring required by the CIMP at its existing mass emission stations beyond two dry weather events and three wet weather events.

The actual cost of such additional monitoring, not to exceed $6,000 per additional event, will be deducted from LACFCD’s monetary contribution. c. Monitoring Results. To provide monitoring results for the CONSULTANT to conduct analyses and include in all required CIMP reporting. d. Access. To grant permits for construction or installation of monitoring equipment in LACFCD-owned FACILITIES and for access over LACFCD right of way to operate and maintain the monitoring equipment. Permits for the construction or installation of monitoring equipment will be subject to applicable permit fees, however, access permits shall be granted at no cost to the permittee.

Section 9. The PARTIES further agree:
a. Payment. To pay the COUNTY each PARTY’s respective invoice amounts as shown in Tables 4a and 4b of Exhibit A, within sixty (60) days of receipt of the invoice from the COUNTY. Optional services in Table 4b will be invoiced HOA.104339132.1 Page 6 of 28
separately should these services become required based on program needs. The cost estimates presented in Exhibit A are subject to change based on modifications to the CIMP pursuant to new REGIONAL BOARD requirements and/or unforeseen conditions in the field. Any changes proposed to the PARTIES’ contribution amounts will require written agreement of the PARTIES.
b. Documentation. To make a good-faith effort to cooperate with one another to achieve the purposes of this MOA by providing all requested information and documentation in their possession and available for release to the COUNTY and CONSULTANT, that is deemed necessary to perform the Scope of Work or other activities contemplated by this MOA.
c. Access. Each PARTY will allow reasonable access and entry by the COUNTY and CONSULTANT, on an as needed basis during the term of this MOA, to each PARTY’s FACILITIES, as necessary to perform the Scope of Work or other activities contemplated by this MOA, provided, however, that prior to entering any of the PARTY’s FACILITIES, the COUNTY and CONSULTANT shall obtain all necessary permits and provide written notice as required by those permits.

The PARTIES agree that the COUNTY shall have the authority to obtain permits, on behalf of all PARTIES, for the use of FACILITIES and right of way of the LACFCD as necessary for the implementation of the Scope of Work or other activities contemplated by this MOA.
d. Permit. Each PARTY will work with the COUNTY and CONSULTANT to obtain all necessary permits for the construction or installation of monitoring equipment, and for access over right of way to operate and maintain the monitoring equipment, within each PARTY’s jurisdiction.
e. Additional Participants. The PARTIES agree that if any other entity wishes to participate and cost share any element of the CIMP, COUNTY will enter into a separate MOA with that entity and will reduce the PARTIES’ future invoice amount(s) based on the cost share formula contained in Table 4 of Exhibit A of this MOA.

Section 10. Indemnification:
a. Each PARTY shall indemnify, defend, and hold harmless each other PARTY, including its special districts, elected and appointed officials, officers, employees, agents, attorneys, and designated volunteers from and against any and all liability, including, but not limited to demands, claims, actions, fees, costs, and expenses (including reasonable attorneys’ and expert witness fees), arising from or connected with, and in relative proportion to, its own negligence or willful misconduct under this MOA; provided, however, that no PARTY shall indemnify another PARTY for said other PARTY’s own negligence or willful misconduct.

HOA.104339132.1 Page 7 of 28
b. If any of PARTY pays in excess of its pro rata share in satisfaction of any liability arising out of the implementation of the CIMP, such PARTY shall be entitled to contribution from each of the other PARTIES; provided, however, that the right of contribution is limited to the amount paid in excess of the PARTY’s pro rata share and provided further that no PARTY may be compelled to make contribution beyond its own pro rata share of the entire liability; and provided that no PARTY shall indemnify another PARTY for that PARTY’s own negligence or willful misconduct.
c. The PARTIES agree that any liability borne by or imposed upon any PARTY or PARTIES hereto as a result of this MOA that is not caused by or attributable to the negligence or willful misconduct of any PARTY shall be fully borne by all the PARTIES in accordance with their pro rata cost share, as set forth in CIMP MOA. d. To the maximum extent permitted by law, the COUNTY shall require the CONSULTANTS retained pursuant to this MOA to agree to indemnify, defend, and hold harmless each PARTY, its special districts, elected and appointed officers, employees, attorneys, agents, and designated volunteers from and against any and all liability, including, but not limited to demands, claims, actions, fees, costs, and expenses (including attorneys’ and expert fees), arising from or connected with the CONSULTANT’s performance of its agreement with the COUNTY. In addition, the COUNTY shall require the CONSULTANTS to carry, maintain, and keep in full force and effect an insurance policy or policies, and each PARTY, its elected and appointed officers, employees, attorneys, agents and designated volunteers shall be named as additional insureds on the policy(ies) with respect to liabilities arising out of the CONSULTANT’s work. These requirements will also apply to any subcontractors hired by the CONSULTANTS.

Section 11. Termination and Withdrawal:
a. This MOA may be terminated upon the express written agreement of all PARTIES.

If this MOA is terminated, then all PARTIES must agree on the date of termination, tasks to be completed prior to termination, payment of invoices due at the time of termination, and equitable redistribution of remaining funds deposited, if there are any. In the event of termination, each PARTY shall also be responsible for the payment of its own fines, penalties or costs incurred as a result of the nonperformance of the CIMP. Completed work shall be owned by the PARTY or PARTIES who fund the completion of such work. Rights to uncompleted work by the CONSULTANT still under contract will be held by the PARTY or PARTIES who fund the completion of such work.
b. If a PARTY fails to substantially comply with any of the terms or conditions of this MOA, then that PARTY shall forfeit its rights to future work completed through this MOA, but no such forfeiture shall occur unless and until the defaulting PARTY has first been given notice of its default and a reasonable opportunity to cure the alleged default. Work to be completed through this MOA includes Receiving Water HOA.104339132.1 Page 8 of 28
Monitoring and Stormwater Monitoring, Non-Stormwater Outfall screening and Monitoring, CIMP Evaluation and Revision, and preparation of various reports. Full description of Scope of Work is included in Exhibit C of this MOA. c. The COUNTY shall notify all PARTIES in writing of any PARTY failing to cure an alleged default in compliance with the terms or conditions of this MOA. The nondelinquent PARTIES will determine the next course of action. If the default involves cost-shares and payment of invoices, the remaining cost will be distributed based on the existing cost allocation formula in Exhibit A. If the increase is more than the 10 percent contingency, an amendment to this MOA must be executed to reflect the change in the PARTIES’ cost share.
d. If a PARTY wishes to withdraw from this MOA for any reason, that PARTY must give the other PARTIES and the REGIONAL BOARD prior written notice thereof.

The withdrawing PARTY shall be responsible for its share of the costs through the end of the current monitoring year (July 1 through June 30), including costs for reporting of data and results. The effective date of withdrawal shall be the 6th day after COUNTY receives written notice of the PARTY'S intent to withdraw. Should any PARTY withdraw from this MOA, the remaining PARTIES' cost share allocation shall be adjusted in accordance with the cost allocation formula in Exhibit A.
e. Equipment Ownership. Devices such as automatic sampling stations - inclusive of a cabinet, sampling equipment, ancillary devices, power supplies (“EQUIPMENT”) may be installed to implement the CIMP. Any PARTY voluntarily terminating membership will not be entitled to a refund for the portion of the share paid to acquire and to operate the EQUIPMENT nor for the remaining value of the EQUIPMENT, if any. The operational life of such EQUIPMENT is approximately seven years, and after which it may be obsolete or may require major remodel or replacement of electrical and mechanical components costing equivalent to a purchase of a new EQUIPMENT. The remaining PARTIES agree to own, operate and maintain and or replace the EQUIPMENT.

Section 12. General Provisions
a. Notices. Any notices, bills, invoices, or reports relating to this MOA, and any request, demand, statement, or other communication required or permitted hereunder shall be in writing and shall be delivered to the representatives of the PARTIES at the addresses set forth in Exhibit B attached hereto and incorporated herein by reference. The PARTIES shall promptly notify each other of any change of contact information, including personnel changes, provided in Exhibit B. Written notice shall include notice delivered via e-mail or fax. A notice shall be deemed to have been received on (a) the date of delivery, if delivered by hand during regular business hours, or by confirmed facsimile or by e-mail; or (b) on the third (3rd) business day following mailing by registered or certified mail (return receipt requested) to the addresses set forth in Exhibit B.

HOA.104339132.1 Page 9 of 28
b. Administration. For the purposes of this MOA, the PARTIES hereby designate as their respective PARTY representatives the persons named in Exhibit B. The designated PARTY representatives, or their respective designees, shall administer the terms and conditions of this MOA on behalf of their respective PARTY. Each of the persons signing below on behalf of a PARTY represents and warrants that he or she is authorized to sign this MOA on behalf of such PARTY. c. Relationship of the PARTIES. The PARTIES are, and shall at all times remain as to each other, wholly independent entities. No PARTY to this MOA shall have power to incur any debt, obligation, or liability on behalf of any other PARTY unless expressly provided to the contrary by this MOA. No employee, agent, or officer of a PARTY shall be deemed for any purpose whatsoever to be an agent, employee, or officer of another PARTY.
d. Binding Effect. This MOA shall be binding upon, and shall be to the benefit of the respective successors, heirs, and assigns of each PARTY; provided, however, no PARTY may assign its respective rights or obligations under this MOA without prior written consent of the other PARTIES.
e. Amendment. The terms and provisions of this MOA may not be amended, modified, or waived, except by an instrument in writing signed by all non-delinquent PARTIES. For purposes of this MOA, a PARTY shall be considered delinquent if that PARTY fails to timely pay an invoice as required by Section 9(a) or withdraws pursuant to Section 11(d).
f. Law to Govern. This MOA is governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California. g. Severability. If any provision of this MOA shall be determined by any court to be invalid, illegal, or unenforceable to any extent, then the remainder of this MOA shall not be affected, and this MOA shall be construed as if the invalid, illegal, or unenforceable provision had never been contained in this MOA. h. Entire Agreement. This MOA constitutes the entire agreement of the PARTIES with respect to the subject matter hereof.
i. Waiver. Waiver by any PARTY to this MOA of any term, condition, or covenant of this MOA shall not constitute a waiver of any other term, condition, or covenant.

Waiver by any PARTY to any breach of the provisions of this MOA shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this MOA.
j. Counterparts. This MOA may be executed in any number of counterparts, each of which shall be an original, but all of which taken together shall constitute one and HOA.104339132.1 Page 10 of 28
the same instrument, provided, however, that such counterparts shall have been delivered to all PARTIES to this MOA.
k. All PARTIES have been represented by counsel in the preparation and negotiation of this MOA. Accordingly, this MOA shall be construed according to its fair language. Any ambiguities shall be resolved in a collaborative manner by the PARTIES and shall be rectified by amending this MOA as described in section 11(e).
l. No elected or appointed official, officer, or employee of CITIES shall be personally liable under the MOA, or any successor in interest, in the event of any default or breach of the same, or for any amount which may become due or owing under the same, or for breach of any obligation of the terms of this MOA.

IN WITNESS WHEREOF, the PARTIES hereto have caused this MOA to be executed by their duly authorized representatives and affixed as of the date of signature of the PARTIES:
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HOA.104339132.1 Page 11 of 28

COUNTY OF LOS ANGELES
By

MARK PESTRELLA
Director of Public Works
Date
APPROVED AS TO FORM:

DAWYN R. HARRISON
County Counsel
By
Deputy Date
HOA.104339132.1 Page 12 of 28

LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
By

MARK PESTRELLA
Chief Engineer
Date
APPROVED AS TO FORM:

DAWYN R. HARRISON
County Counsel
By
Deputy Date
HOA.104339132.1 Page 13 of 28

CITY OF BALDWIN PARK
By _________________________ _________________________
Enrique C. Zaldivar, P. E. Date
Chief Executive Officer
APPROVED AS TO CONTENT:

By _________________________
Sam Gutierrez
Director of Public Works

APPROVED AS TO FORM:

By _________________________
Marco A. Martinez
City Attorney
HOA.104339132.1 Page 14 of 28

CITY OF COVINA
By _________________________ _________________________
Christopher Marcarello Date
City Manager
APPROVED AS TO CONTENT:

By _________________________
Rafael Fajardo
Deputy Director of Public Works/City Engineer
APPROVED AS TO FORM:

By _________________________
Candice L. Lee
City Attorney
HOA.104339132.1 Page 15 of 28

CITY OF GLENDORA
By _________________________ _________________________
Adam Raymond Date
City Manager
APPROVED AS TO CONTENT:

By _________________________
Moises Lopez
Public Works Director (Interim)
APPROVED AS TO FORM:

By _________________________
William W. Wynder
City Attorney
HOA.104339132.1 Page 16 of 28

CITY OF INDUSTRY
By _________________________ _________________________
Cory C. Moss Date
Mayor
ATTEST:

By _________________________
Julie Gutierrez-Robles
City Clerk
APPROVED AS TO FORM:

By _________________________
James M. Casso
City Attorney
HOA.104339132.1 Page 17 of 28

CITY OF LA PUENTE
By ___________________ _________________________
Bob Lindsey Date
City Manager
ATTEST:

By __________________________
City Clerk
APPROVED AS TO FORM:

By __________________________
Jesse Jauregui
City Attorney

HOA.104339132.1 Page 18 of 28

CITY OF SOUTH EL MONTE
By __________________________ _________________________ Rene Salas Date
City Manager
ATTEST:

By __________________________
Donna G. Schwartz
City Clerk
APPROVED AS TO FORM:

By __________________________
Anthony R. Taylor
City Attorney
HOA.104339132.1 Page 19 of 28

CITY OF WEST COVINA
By ___________________ _________________________
Paulina Morales Date
Acting City Manager

APPROVED AS TO FORM:

By _________________________
Thomas P. Duarte
City Attorney
ATTEST:

By __________________________
Lisa Sherrick
Assistant City Clerk

EXHIBIT A
Upper San Gabriel River Watershed
Funding Contributions for CIMP Implementation
HOA.104339132.1 Page 20 of 28
Table 1a. Cost for Required Services
Deliverable 3-Year
Total
4-Year Total
(including
optional 4th
year)
Receiving Water and
Stormwater Outfall Monitoring $1,903,140 $2,537,519
Non-Stormwater Screening
and Monitoring $196,591 $249,364
CIMP Evaluation & Revision $138,918 $185,224
Reporting, Meetings, and
Project Management $448,817 $575,660
LACFCD Monitoring for Wet
Weather Event 41 $18,000 $24,000
Required Services Subtotal $2,705,466 $3,571,767
5% Project Administration $135,274 $178,588
Required Services Total w/ 5%
Project Administration $2,840,740 $3,750,355
Offset from 4 Cities
Purchasing Data2 -$153,691 -$204,921
Required Services Adjusted
Total $2,687,049 $3,545,434

1. LACFCD’s $6,000/yr to monitor wet weather event 4 at the Mass Emission Station. The $6,000 is cost-shared by all parties, and the LACFCD is credited $6,000 from its cost-share.

2. The Cities of El Monte, Irwindale, La Habra Heights, and Walnut purchase receiving water monitoring data collected under this MOA. Their contributions are used to offset costs for the PARTIES.

EXHIBIT A
Upper San Gabriel River Watershed
Funding Contributions for CIMP Implementation
HOA.104339132.1 Page 21 of 28
Table 1b. Cost for Optional Services
Deliverable 3-Year
Total
4-Year
Total
(including
optional
4 th year)
TMDL
Receiving
Water
Monitoring and
Stormwater
Monitoring
(Optional)1
$819,228 $1,092,304
Non‐
Stormwater
(NSW) Outfall
Screening and
Monitoring
(Optional)2
$464,065 $464,065
CIMP
Evaluation and
Revision
(Optional)3
$100,119 $133,492
5% Project
Administration
and other
contributions4
$70,064 $85,386
Optional
Services Total $1,471,336 $1,793,107

1. Includes additional monitoring requirements based on aquatic toxicity results, installing new or moving monitoring sites, and as-needed maintenance of monitoring equipment, etc.

2. Includes restarting the NSW Outfall Screening if required by the 2021 MS4 Permit

3. Includes the CIMP Adaptive Management Letter and CIMP revision

4. Includes contributions and fees for outside agencies and organizations.

EXHIBIT A
Upper San Gabriel River Watershed
Funding Contributions for CIMP Implementation
HOA.104339132.1 Page 22 of 28
Table 2a. Cost Allocation Formula for Required Services1 Agency Acres Percent of
Area (%)
Allocated
Cost
Contract
Administration (5
percent)
Estimated
Cost
County 40,812 51.429 $1,649,726 $82,486 $1,732,212
Baldwin
Park 4,335 5.463 $175,232 $8,762 $183,993
Covina 4,481 5.647 $181,134 $9,057 $190,190
Glendora 9,307 11.728 $376,213 $18,811 $395,024
Industry 7,647 9.636 $309,111 $15,456 $324,567
La Puente 2,207 2.781 $89,213 $4,461 $93,673
South El
Monte 231 0.291 $9,338 $467 $9,804
West
Covina 10,336 13.025 $417,808 $20,890 $438,698
LACFCD
(5%) N/A N/A $168,830 $8,442 $177,272
Total 79,356 100% $3,376,604 $168,830 $3,545,434

1. Cost allocation is calculated based on 4-year total.

EXHIBIT A
Upper San Gabriel River Watershed
Funding Contributions for CIMP Implementation
HOA.104339132.1 Page 23 of 28
Table 2b. Cost Allocation Formula for Optional Services1 Agency Acres
Percent
of
Area (%)
Allocated
Cost
Contract
Administration (5
percent)
Estimated
Cost
County 40,812 51.43 $825,625 $41,281 $866,906
Baldwin
Park 4,335 5.463
$87,697 $4,385 $92,082
Covina 4,481 5.647 $90,650 $4,533 $95,183
Glendora 9,307 11.728 $188,280 $9,414 $197,694
Industry 7,647 9.636 $154,698 $7,735 $162,433
La Puente 2,207 2.781 $44,648 $2,232 $46,880
South El
Monte 231 0.291 $4,673 $234 $4,907
West
Covina 10,336 13.025 $209,097 $10,455 $219,552
LACFCD
(5%) N/A N/A $84,493
$4,225 $88,718
Total 79,356 100% $1,689,861 $84,493 $1,774,354

1. Cost allocation is calculated based on 4-year total.

Table 3. LACFCD’s Contribution for Required Services + 5% Project Administration Deliverable Total
LACFCD’s 5 Percent Cost $177,272
Cost to LACFCD for Conducting 4 Additional Metals Sampling at San Gabriel River Mass Emission Station ($24,000)
Total LACFCD Adjusted Contribution $153,272

EXHIBIT A
Upper San Gabriel River Watershed
Funding Contributions for CIMP Implementation
HOA.104339132.1 Page 24 of 28
Table 4a Invoicing Schedule for Required Services
September
2023
(FY 23-24)
July 2024
(FY 24-25)
July 2025
(FY 25-26)
July 2026
(FY 26-
27)
Total
Invoiced
Contingency
(10%)3
Total Cost w/
Contingency
LACFCD
(5%)1
$37,390 $38,597 $40,117 $37,167 $153,272 $17,727 $170,999 County $422,566 $436,213 $453,388 $420,046 $1,732,212 $173,221 $1,905,434 Baldwin
Park $44,884 $46,334 $48,158 $44,617 $183,993 $18,399 $202,393 Covina $46,396 $47,894 $49,780 $46,119 $190,190 $19,019 $209,209 Glendora $96,364 $99,476 $103,393 $95,790 $395,024 $39,502 $434,526 Industry $79,177 $81,734 $84,952 $78,705 $324,567 $32,457 $357,024 La
Puente $22,851 $23,589 $24,518 $22,715 $93,673 $9,367 $103,041 South El
Monte $2,392 $2,469 $2,566 $2,378 $9,804 $980 $10,785
West
Covina $107,019 $110,475 $114,825 $106,380 $438,698 $43,870 $482,568 Total $859,039 $886,782 $921,697 $853,916 $3,521,4344 $354,543 $3,875,978

1. Adjusted by $6,000/year, or $24,000 for 4 years, to credit LACFCD for sampling wet weather event #4 for the Group

2. LACFCD’s 10% Contingency is calculated using the pre-adjusted contribution of $131,791

3. The 10% Contingency includes the 5% Project Administration

4. Total invoiced includes $24,000 offset for LACFCD wet weather event #4 sampling

EXHIBIT A
Upper San Gabriel River Watershed
Funding Contributions for CIMP Implementation
HOA.104339132.1 Page 25 of 28
Table 4b Invoicing Schedule for Optional Services1
Invoice
Date
September
2023
(FY 23-24)
July 2024
(FY 24-25)
July 2025
(FY 25-26)
July 2026
(FY 26-
27)
Total
Invoiced
Contingency
(10%)2
Total Cost w/
Contingency
LACFCD
(5%) $26,931 $21,104 $20,920 $19,763 $88,718 $8,872 $97,589 County $263,155 $206,218 $204,417 $193,115 $866,906 $86,691 $953,597 Baldwin
Park $27,952 $21,904 $21,713 $20,512 $92,082 $9,208 $101,290 Covina $28,893 $22,642 $22,444 $21,203 $95,183 $9,518 $104,701 Glendora $60,011 $47,027 $46,617 $44,039 $197,694 $19,769 $217,464 Industry $49,308 $38,639 $38,302 $36,184 $162,433 $16,243 $178,677 La
Puente $14,231 $11,152 $11,054 $10,443 $46,880 $4,688 $51,568 South El
Monte $1,489 $1,167 $1,157 $1,093 $4,907 $491 $5,397
West
Covina $66,646 $52,227 $51,771 $48,908 $219,552 $21,955 $241,507 Total $538,618 $422,081 $418,395 $395,261 $1,774,354 $177,435 $1,951,789

1. Will be invoiced separately should these services become required based on program needs

2. The 10% Contingency includes the 5% Project Administration

EXHIBIT B
Upper San Gabriel River Watershed
Responsible Agency Representatives
HOA.104339132.1 Page 26 of 28

1. County of Los Angeles
Los Angeles County Public Works
Stormwater Quality Division
900 South Fremont Avenue
Alhambra, CA 91803-1331
Mark A. Lombos, Assistant Deputy Director
E-mail: [email protected]
Phone: (626) 300-4665

2. Los Angeles County Flood Control District
Los Angeles County Public Works
Stormwater Quality Division
900 South Fremont Avenue
Alhambra, CA 91803-1331
Jalaine Q. Verdiner, Principal Engineer
E-mail: [email protected]
Phone: (626) 300-4666

3. City of Baldwin Park
14403 East Pacific Avenue
Baldwin Park, CA 91706-4297
Sam Gutierrez, Director of Public Works
E-mail: [email protected]
Phone: (626) 960-4011 x.460

4. City of Covina
125 East College Street
Covina, CA 91723
Rafael Fajardo, Deputy Director of Public Works/City Engineer E-mail: [email protected]: (626) 384-5489

5. City of Glendora
116 East Foothill Boulevard
Glendora, CA 91741
Moises Lopez, Interim Director of Public Works
E-mail: [email protected]
Phone: (626) 852-5270

EXHIBIT B
Upper San Gabriel River Watershed
Responsible Agency Representatives
HOA.104339132.1 Page 27 of 28

6. City of Industry
15625 Mayor Dave Way, Suite 100
City of Industry, CA 91744
Joshua Nelson, City Manager
E-mail: [email protected]
Phone: (626) 333-2211
Fax: (626) 961-6795

7. City of La Puente
15900 East Main Street
La Puente, CA 91744
John Di Mario, Development Services Director
E-mail: [email protected]
Phone: (626) 855-1517

8. City of South El Monte
1415 North Anita Avenue
South El Monte, CA 91733
Rene Salas, City Manager
E-mail: [email protected]
Phone: (626) 579-6540

9. City of West Covina
1444 West Garvey Avenue South
West Covina, CA 91790
Paulina Morales, Assistant City Manager
E-mail: [email protected]
Phone: (626) 939-8401

EXHIBIT C
Upper San Gabriel River Watershed
Scope of Work
HOA.104339132.1 Page 28 of 28

EXHIBIT C
Upper San Gabriel River Watershed
Scope of Work

COUNTY OF LOS ANGELES

DEPARTMENT OF PUBLIC WORKS
“To Enrich Lives Through Effective and Caring Service”
900 SOUTH FREMONT AVENUE
ALHAMBRA, CALIFORNIA 91803-1331
Telephone: (626) 458-5100
http://dpw.lacounty.gov
May 31, 2023
MARK PESTRELLA, Director
ADDRESS ALL CORRESPONDENCE TO:

P.O. BOX 1460
ALHAMBRA, CALIFORNIA 91802-1460

IN REPLY PLEASE
REFER TO FILE: SWQ-4
Mr. Chris Minton
Larry Walker and Associates, Inc.
720 Wilshire Boulevard, Suite 240
Santa Monica, CA 90401
Dear Mr. Minton:

SUPPORT SERVICES FOR IMPLEMENTATION OF THE COORDINATED

INTEGRATED MONITORING PROGRAM AS PART OF THE UPPER SAN GABRIEL

RIVER WATERSHED MANAGEMENT PROGRAM
AS-NEEDED CONSULTANT CONTRACT NO. PW15727
PROJECT NOS. F218CIMP02 AND EF20214019
This will serve as your Notice to Proceed for the services outlined in the enclosed proposal dated May 17, 2023. You are authorized to provide 2023-24 Coordinated Integrated Monitoring Program Services for a total cost not to exceed $1,588,523.

No optional services in the enclosed proposal shall be initiated unless notified in writing by the County Project Manager. All work shall be conducted in accordance with the terms and conditions of the Consultant Services Agreement No. PW15727.

If you have any questions, please contact me at (626) 300-4665 or [email protected] or your staff may contact the Project Manager, Mr. Joseph Venzon, at (626) 300-4643 or [email protected].

Very truly yours,

MARK PESTRELLA, PE
Director of Public Works
MARK A. LOMBOS, PE
Assistant Deputy Director
Stormwater Quality Division
JV:aa
Q Drive\Sec\2023 Docs\Ltrs\NTP_USGR CIMP Support Services LWA Enc.

May 17, 2023
Scope of Work to Provide Upper San Gabriel River Enhanced Watershed Monitoring Program Group Coordinated Integrated Monitoring Program Support Larry Walker Associates (LWA) appreciates the opportunity to provide the following Scope of Work to Los Angeles County Public Works (LACPW) to provide the Upper San Gabriel River Watershed Management Program Group (USGR WMP Group) with Coordinated Integrated Monitoring Program (CIMP) implementation support. The USGR WMP Group collaboratively developed a CIMP that was approved by the Regional Board and has been implementing that CIMP (including subsequently approved versions) since the 2015/16 monitoring year. Furthermore, the Los Angeles Regional MS4 Permit (R4- 2021-0105) became effective in September 2021 and the USGR WMP Group collaboratively developed and submitted an updated CIMP to the Regional Board in March 2023. The goal of this project is to support LACPW in efficiently implementing the approved version of its CIMP and accurately reporting the data and programs collected/implemented by the USGR WMP Group. As such, the LWA Team will be utilized to support LACPW in the following areas:
• TMDL Receiving Water Monitoring and Stormwater Monitoring; • Non-Stormwater Outfall Screening and Monitoring;
• CIMP Evaluation and Revision;
• Semi-Annual Data Report and WMP Progress Report;
• Annual Monitoring and TMDL Reports; and
• Meetings and Communication.

The enclosed scope of work outlines the support that will be provided, as well as the deliverables and schedule associated with each task. A proposed budget, with the unit hours and costs and total hours and costs for each required and optional task is enclosed following the scope of work. It is our understanding that authorization to proceed on optional tasks will be confirmed in an e-mail from the LACPW Project Manager to the LWA Project Manager.

Please feel free to contact me at (310) 743-6235 should you have any questions.

Sincerely,
Chris Minton
Principal-in-Charge
2525 Ocean Park Blvd. #216
Santa Monica CA 90405
310.394.1036 www.lwa.com
MAY 17, 2023
Scope of Work for Upper San Gabriel River WMP
Group Coordinated Integrated Monitoring
Program
Purpose
The purpose of this project is the continued implementation for up to three years of the Upper San Gabriel River Watershed Management Program Group (USGR WMP Group) Coordinated Integrated Monitoring Program (CIMP) in accordance with the most current adopted MS4 Permit and the preparation of semiannul and annual reports.

Background
The National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System, Permit Order No. R4-2021-0105 (2021 MS4 Permit) was adopted on July 23, 2021 by the Los Angeles Regional Water Quality Control Board (Regional Board) and became effective September 11, 2021. The MS4 Permit provides Permittees an option to implement stormwater programs through the development of a Watershed Management Program (WMP).

The following Permittees formed the USGR WMP Group and collaboratively developed and submitted their Coordinated Integrated Monitoring Program (CIMP) to the Regional Board, which was approved on November 13, 2015. Since the original CIMP, the USGR WMP Group has modified, and the Regional Board has approved, the USGR CIMP on multiple occasions. An updated CIMP was submitted by the USGR WMP Group to the Regional Board in March 2023 to incorporate the requirements of the 2021 MS4 Permit.

Upon approval by the Regional Board, the updated CIMP will become the Approved CIMP.

1. County of Los Angeles

2. City of Baldwin Park

3. City of Covina

4. City of Glendora

5. City of Industry

6. City of La Puente

7. City of South El Monte

8. City of West Covina

9. Los Angeles County Flood Control District (LACFCD)
The Approved CIMP utilizes alternative approaches to meet the Primary Objectives of the Monitoring and Reporting Program (MRP) of the MS4 permit. The CIMP is designed to provide the information necessary to guide management decisions in addition to providing a means to measure attainment of receiving water limitations and water quality-based effluent limitations and is composed of four elements:

1. Receiving Water Monitoring
SCOPE OF WORK FOR UPPER SAN GABRIEL RIVER WMP GROUP COORDINATED INTEGRATED MONITORING PROGRAM 2

2. Stormwater Outfall Monitoring

3. Non-Stormwater (NSW) Outfall Screening and Monitoring

4. Reporting
Scope of Services
Task 1 – TMDL Receiving Water Monitoring and Stormwater Monitoring CONSULTANT will conduct monitoring as described in the Approved CIMP. All sample collection and field measurements shall be performed in accordance with the process and procedures described in the Approved CIMP. CONSULTANT will perform the following tasks:

1. Conduct routine maintenance and equipment calibration and collect equipment blanks at all sites just prior to the start of storm season.

2. Conduct additional routine maintenance and equipment calibration at all sites as needed in preparation for storm events. Collect and analyze monitoring data at the TMDL receiving water sites and stormwater outfall monitoring sites as described in the Approved CIMP, except for Puddingstone Reservoir. Coordinate with LACFCD regarding monitoring of the receiving water monitoring station identified as S14 in the Approved CIMP. CONSULTANT will submit a Post-Event Summary Report.

3. Conduct aquatic toxicity monitoring and Toxicity Identification Evaluations (TIEs) as described in the Approved CIMP and consistent with Attachment G of the 2021 MS4 Permit.

4. Obtain necessary permits for access to conduct monitoring at the TMDL receiving water sites, stormwater outfall sites, and non-stormwater outfall sites.

5. Optional. CONSULTANT will receive authorization from County Project Manager prior to initiating work. Upon authorization from County Project Manager, perform maintenance on up to six monitoring sites per year to fix equipment malfunctions (two relatively straightforward with minor hardware replacement, two with limited hardware replacement, and two with complete replacement of equipment).

6. Optional. As directed by County Project Manager, install new or relocated monitoring sites.

Future monitoring sites may require permits, such as 408 permits, for the construction of monitoring stations. Secure all permits and comply with all conditions necessary for installation of monitoring equipment. The United States Army Corps of Engineers (USACE) revised its submittal requirements per the Section 408 Permission Submittal Checklist (rev. 2/14/2018). CONSULTANT will use the Checklist as a guide for resubmitting the permit applications. CONSULTANT will prepare the required submittals, assuming two rounds of review by USACE.

Deliverables

1. E-mail notifying County Project Manager when Pre-Storm Season autosampler maintenance has been performed and equipment blanks have been collected by September 30th of each year.

SCOPE OF WORK FOR UPPER SAN GABRIEL RIVER WMP GROUP COORDINATED INTEGRATED MONITORING PROGRAM 3

2. Electronic copy of Post-Event Summary Reports (4 wet and 2 dry events per year; 1 submittal each) within 90 calendar days after each event and Non-Event Summary Reports (up to 2 nonevents per year; 1 submittal each) within 30 calendar days after each event.

3. E-mail notifying County Project Manager when aquatic toxicity monitoring and TIEs are conducted (up to six aquatic toxicity samples collected and analyzed per year) within 90 days after each event.

4. Electronic copy of access permit to conduct monitoring prior to expiration of the previous year’s access permit.

5. Optional. Electronic copy of Equipment Malfunction Maintenance Reports (up to six equipment malfunctions per year; 1 submittal each) within 30 calendar days of completion of maintenance.

6. Optional. Autosampler Installation Permit Application Package (up to 3 submittals), as necessary.

Assumptions

1. The outfalls are readily accessible and visible. The County will provide CONSULTANT with any necessary gate keys to access the outfalls.

2. The Post-Event Summary Reports, Non-Event Summary Reports, and Equipment Malfunction Maintenance Reports will be limited to one submittal. Any comments from the WMP Group Members will be incorporated in the Annual Report.

3. The Post-Event Summary Reports will be limited to the following:
o The date, time of sampling or measurements, exact place, weather conditions, and rain fall amount.
o The individual(s) who performed the sampling or measurements. o The date(s) laboratory analyses were performed.
o The individual(s) who performed the laboratory analyses. o The analytical techniques or methods used.
o The results of the laboratory analysis and the exceedances as compared to the water quality objectives.
o The data sheets showing toxicity test results.
o Any figures or storm hydrographs.

4. The County Project Manager will be notified by e-mail immediately after a non-event for wet weather sampling occurs. The non-event will be documented in a brief 1-page Non-Event Summary Report limited to the following information: description of the rainfall information, event activities, and reason for the non-event.

5. For aquatic toxicity monitoring, the County Project Manager will submit an e-mail to the CONSULTANT providing notification of the results of toxicity testing and TIE results collected at the S14 receiving water site within one week of those results being received from the laboratory.

TIE testing will only be conducted when triggered in accordance with the Approved CIMP.

SCOPE OF WORK FOR UPPER SAN GABRIEL RIVER WMP GROUP COORDINATED INTEGRATED MONITORING PROGRAM 4

6. The County Project Manager will be notified by e-mail after equipment malfunction requiring nonroutine maintenance occurs. The equipment malfunction maintenance will be documented in a brief Equipment Malfunction Maintenance Summary Report limited to the following information:
description of the equipment that malfunctioned and hardware obtained and installed to restore site to functioning condition.

7. For newly installed or relocated monitoring sites, CONSULTANT will respond to up to two rounds of comments by the USACE.

8. The Section 408 Permission Submittal Checklist requests information that may not be applicable for the installation of a water quality monitoring station. CONSULTANT will use best engineering judgment for the appropriate level of detail to be included in the permit application as agreed upon by CONSULTANT and the County Project Manager.

9. The conceptual plans previously submitted by CONSULTANT will be used as the basis for the design and level of detail in the design plans.

10. CONSULTANT will prepare structural calculations, but no structural plans or detail sheets will be provided.

11. Geotechnical Analysis is not required, per March 12, 2018 email from Marvin Mai, Section 408 Program Manager, Design Section B, Engineering Division, USACE.

Task 2 – Non-Stormwater Outfall Screening and Monitoring Non-stormwater outfall screening was performed as part of a separate project in Fiscal Year (FY) 2014-15.

Outfalls with significant non-stormwater discharge were identified (flows greater than a garden hose), and source investigations for these outfalls were conducted in 2018. Outfalls with significant nonstormwater discharges that remain unaddressed after source investigation will be monitored as part of the scope of work for this project. The remaining items of the CIMP will also be implemented as part of the scope of the work for this project as detailed herein.

With the adoption of the 2021 MS4 Permit, re-screening of the non-stormwater outfalls may be required.

If re-screening is included within the Approved CIMP, re-screening and source investigations will be conducted in accordance with the Approved CIMP.

1. Optional. As directed by County Project Manager, CONSULTANT will conduct up to three rescreening events of the non-stormwater outfalls (dependent on the requirements of the Approved CIMP). Re-screening will be conducted consistent with the non-stormwater outfall screening which was performed in FY 2014-15 unless an alternative approach is mutually agreed to by the County Project Manager and CONSULTANT.

2. Optional. As directed by County Project Manager, CONSULTANT will identify outfalls with significant non-stormwater discharge.

SCOPE OF WORK FOR UPPER SAN GABRIEL RIVER WMP GROUP COORDINATED INTEGRATED MONITORING PROGRAM 5

3. Optional. As directed by County Project Manager, CONSULTANT will conduct source investigation of outfalls with significant discharge in accordance with the Approved CIMP requirements and the procedures and schedule approved by the County Project Manager.

4. CONSULTANT will monitor outfalls with significant non-stormwater discharges that remain unaddressed after source investigations starting in the next scheduled dry weather monitoring.

CONSULTANT will collect and analyze monitoring data at the non-stormwater outfall sites during two events per year. The monitoring parameters and procedures shall follow the Approved CIMP.

CONSULTANT will submit a Post-Event Summary Report.

5. CONSULTANT will notify members of the USGR WMP Group within 24 hours if a potential Illicit Discharge as defined in the 2021 MS4 Permit is observed during re-screening event.

6. CONSULTANT will prepare draft letters for members of the USGR WMP Group to notify the Regional Board and the upstream jurisdiction that a NSW discharge source is from an upstream jurisdiction, including characterization data, contribution determination efforts, and efforts taken to identify its source in accordance with the requirements of the 2021 MS4 Permit. Assume CONSULTANT will prepare up to 2 letters each year

7. CONSULTANT will prepare draft letters for members of the USGR WMP Group to notify the Regional Board that any of the authorized or conditionally exempt essential NSW discharges are a source of pollutants in accordance with the requirements of the 2021 MS4 Permit. Assume CONSULTANT will prepare up to 2 letters each year

8. CONSULTANT will update the water quality characteristics for significant outfalls in the GIS database annually as needed prior to June 30th of each year.

9. CONSULTANT will obtain paper-based outfall drainage maps from LACFCD and other USGR WMP Group members and include an electronic copy in the GIS database, if necessary.

10. CONSULTANT will delineate drainage areas for outfalls that do not have drainage maps and update the GIS database, if necessary.

Deliverables

1. Optional. Electronic attribute table detailing the observations made during re-screening events of the non-stormwater outfalls (up to three) within 90 calendar days after each re-screening event.

2. Optional. Electronic copy of Significant NSW Discharge Outfall Identification Technical Memorandum (2 submittals - Draft/Final) within 90 calendar days after completion of final rescreening event and 21 calendar days of receiving comments on Draft Technical Memorandum (TM), respectively.

3. Optional. Electronic copy of Significant NSW Discharge Source Investigations Plan and Schedule Technical Memorandum (2 submittals - Draft/Final) within 45 calendar days after submittal of Final Significant NSW Discharge Outfall Identification Technical Memorandum and 14 calendar days of receiving comments on Draft TM, respectively.

SCOPE OF WORK FOR UPPER SAN GABRIEL RIVER WMP GROUP COORDINATED INTEGRATED MONITORING PROGRAM 6

4. Optional. Electronic copies of Non-Stormwater Outfall Screening and Source Identification and Investigation Technical Memorandums (2 submittals each - Draft/Final) within 90 calendar days of completing final significant NSW discharge source investigation and 14 calendar days of receiving comments on Draft TM, respectively.

5. Electronic copy of Post-Event Summary Reports (2 events per year; 1 submittal each) within 45 calendar days after each event.

6. E-mail notifying County Project Manager when potential Illicit Discharge is observed as defined in the MS4 Permit during re-screening event within 24 hours of completion of event.

7. Electronic copy of draft letter within seven calendar days of determining a NSW discharge source is from an upstream jurisdiction.

8. Electronic copy of draft letter within seven calendar days of determining authorized or conditionally exempt essential NSW discharges are a source of pollutants.

9. Electronic files of outfall inventory GIS database within 90 calendar days of completing final significant NSW discharge source investigation.

Assumptions

1. Re-screening, source investigations, and monitoring will be conducted in accordance with the Approved CIMP.

2. The attribute table detailing the observations made during the non-stormwater outfall rescreening events will be limited to one submittal. Any comments from the WMP Group Members will be incorporated in the GIS database. The attribute table detailing the observations made during the non-stormwater outfall re-screening events will contain, at a minimum, the following information: Outfall ID, Screening Event Number, Date of Screening Event, Time of Observation, Description of Flow, Discharge Characteristics, and Inspector Name.

3. The Significant NSW Discharge Source Investigations Plan and Schedule Technical Memorandum will include a list of related electronic as-builts and number of catch basins to check for the source in the field.

4. The source investigation for up to four previously uninvestigated outfalls will be limited to 10 hours for each site for the desktop review and one day (8 hours) for field inspection, including reasonable travel time.

5. Each TM will be limited to one round of review by the WMP Group Members. The review period from the WMP Group Members will be two weeks. The County Project Manager will compile all comments from the WMP Group Members, with no conflicting comments. After CONSULTANT submits the final TM, any additional comments from the WMP Group Members will be incorporated into the Annual Report.

SCOPE OF WORK FOR UPPER SAN GABRIEL RIVER WMP GROUP COORDINATED INTEGRATED MONITORING PROGRAM 7

6. The Post-Event Summary Reports will be limited to one submittal. Any comments from the WMP Group Members will be incorporated in the Annual Report.

7. The Post-Event Summary Reports will be limited to the following:
o The date, time of sampling or measurements, exact place, and weather conditions. o The individual(s) who performed the sampling or measurements. o The date(s) laboratory analyses were performed.
o The individual(s) who performed the laboratory analyses. o The analytical techniques or methods used.
o The results of the laboratory analysis and the exceedances as compared to the water quality objectives.
o The data sheets showing toxicity test results.
o Any figures.

8. Non-storm water outfall monitoring will be conducted at one site per event for Years 1 and 2 and up to four sites per event for Year 3 by grab sample, the sites will be readily accessible and will not require any special equipment to access the sites.

Task 3 – CIMP Evaluation and Revision
CONSULTANT will analyze readily available monitoring data collected by the LACFCD, other watershed management program groups in the San Gabriel River watershed, Los Angeles County Sanitation Districts, San Gabriel River Regional Monitoring Program, and relevant special studies in accordance with the Approved CIMP. CONSULTANT will review monitoring data from other NPDES permittees, including municipalities, as requested by County Project Manager. CONSULTANT will perform the following tasks:

1. Prepare a technical memorandum each year that includes an assessment of the water quality of receiving water and stormwater and non-stormwater discharges based on data analysis, and recommendations on any changes to the Approved CIMP. The source identification and investigation tech memos are discussed in Task 2.

2. Optional. As directed by County Project Manager, prepare a letter requesting Regional Board’s approval for modifying the Approved CIMP, such as removing constituents, reducing monitoring frequencies, or relocating monitoring sites.

3. Optional. Upon approval by the Regional Board and as directed by County Project Manager, prepare a Revised CIMP for the County Project Manager to submit to the Regional Board.

Deliverables

1. Submit Electronic copy of Water Quality Analysis Technical Memorandums (2 submittals - Draft/Final) by October 31st and November 30th, respectively.

2. Optional. Submit Electronic copy of CIMP Adaptive Management Letter (2 submittals - Draft/Final) by January 15th and February 15th, respectively.

SCOPE OF WORK FOR UPPER SAN GABRIEL RIVER WMP GROUP COORDINATED INTEGRATED MONITORING PROGRAM 8

3. Optional. Submit Electronic copy of Revised CIMP (2 submittals - Draft/Final) by June 1st and June 30, respectively.

Assumptions

1. Each technical memorandum, letter, or revised CIMP will be limited to one round of review by the WMP Group Members. The review period from the WMP Group Members will be two weeks. The County Project Manager will compile all comments from the WMP Group Members, with no conflicting comments.

2. CIMP revisions will only be based on the assessment of the water quality of receiving water and stormwater and non-stormwater discharges and recommendations on any changes to the Approved CIMP based on lessons learned. Major revisions to the CIMP will not be made under this Scope.

Task 4 – Semi-Annual Data Reports and Watershed Management Program (WMP) Progress Reports
CONSULTANT will prepare Semi-Annual Data Reports as described in the Approved CIMP and meet the requirements of the 2021 MS4 Permit for the County Project Manager to submit to the Regional Board.

CONSULTANT will also prepare Semi-Annual WMP Progress Reports to meet the requirements of Section 1 of Attachment H of the 2021 MS4 Permit for the County Project Manager to submit to the Regional Board.

CONSULTANT will perform the following tasks:

1. Submit the Semi-Annual Data Report and WMP Progress Report for the implementation period from July 1st to December 31st.

2. Submit the Semi-Annual Data Report and WMP Progress Report for the implementation period from January 1st to June 30th.

Deliverables

1. Electronic copy of Semi-Annual Data Report by April 30th and May 31st of each year (2 submittals - Draft/Final).

2. Electronic copy of Semi-Annual Data Report by October 31st and November 30th of each year (2 submittals - Draft/Final).

3. Electronic copy of Semi-Annual WMP Progress Report (2 submittals - Draft/Final) to be submitted according to schedule agreed upon by the USGR WMP Group at the end of the reporting period.

Assumptions

1. Each Semi-Annual Data Report will include the data collected in this scope and in accordance with the Approved CIMP.

SCOPE OF WORK FOR UPPER SAN GABRIEL RIVER WMP GROUP COORDINATED INTEGRATED MONITORING PROGRAM 9

2. All water quality data not collected by the CONSULTANT that are required to complete the SemiAnnual Data Report for the CIMP Implementation period from July 1st to December 31st will be provided to the CONSULTANT no later than March 30th of each year.

3. All water quality data not collected by the CONSULTANT that are required to complete the SemiAnnual Data Report for the CIMP Implementation period from January 1st to June 30th will be provided to the CONSULTANT no later than August 30th of each year.

4. Each Semi-Annual Data Report will provide data in California Environmental Data Exchange Network (CEDEN) format or a format requested by the County Project Manager. All data will be collected and submitted in the CEDEN format per the 2021 MS4 Permit.

5. Each USGR WMP Group member will provide the information requested by the CONSULTANT according to the schedule agreed upon by the USGR WMP Group at the end of each reporting period.

6. The Semi-Annual WMP Progress Report will be limited to one round of review by the WMP Group Members. The review period from the WMP Group Members will be according to the schedule agreed upon by the USGR WMP Group at the end of each reporting period. The County Project Manager will compile all comments from the WMP Group Members, with no conflicting comments.

Task 5 – Annual Monitoring and TMDL Reports
CONSULTANT will prepare and submit to the County Project Manager Annual Monitoring and TMDL Reportsthat cover the CIMP Implementation period from July 1st to June 30th. The Annual Monitoring and TMDL Report will contain the Annual Monitoring Report elements described in the Monitoring Report requirements of the 2021 MS4 Permit (Part XIV.B.2 of Attachment E).

1. Submit the Draft Annual Monitoring and TMDL Report.

2. Submit the Final Annual Monitoring and TMDL Report, including addressing comments provided by the WMP Group Members on the Draft Annual Monitoring and TMDL Report.

3. Submit an analysis of water quality data collected by the Lower San Gabriel River (LSGR) Group and East San Gabriel Valley (ESGV) Group identifying exceedances of receiving water limitations.

4. Submit the Draft Adaptive Management as described in Part IX.E of the 2021 MS4 Permit (pages 85-86) according to the schedule agreed upon by the USGR WMP Group.

5. Submit the Final Adaptive Management along with the Report of Waste Discharge on March 15, 2026.

Deliverables
SCOPE OF WORK FOR UPPER SAN GABRIEL RIVER WMP GROUP COORDINATED INTEGRATED MONITORING PROGRAM 10

1. Electronic copy of Annual Monitoring and TMDL Reports according to the schedule agreed upon by the USGR WMP Group at the end of the reporting period (2 submittals – Draft/Final)

2. Excel spreadsheet containing water quality data collected by the LSGR Group and ESGV Group identifying exceedances of receiving water limitations. Electronic copy of TM presenting the exceedances of receiving water limitations in the context of the data collected by the USGR WMP Group by December 31st of each year.

3. Electronic copy of Adaptive Management Report according to the schedule agreed upon by the USGR WMP Group (2 submittals – Draft/Final)
Assumptions

1. All water quality data not collected by the CONSULTANT that are required to complete the Annual Report tasks will be provided to the CONSULTANT no later than August 30th of each year.

2. CONSULTANT will work with WMP Group Members and lead Part XVIII.A.6 of the 2012 MS4 Permit. It is assumed that all WMP Group Members will provide information on Part XVIII.A.6 of the 2012 MS4 Permit (Adaptive Management Strategies) by October 1st following the reporting year address by the Annual Report.

3. Each Annual Monitoring and TMDL Report submittal will be limited to one round of review by the WMP Group Members. The Annual Report submittals will have a review period as agreed upon by the USGR WMP Group. The County Project Manager will compile all comments from the WMP Group Members, with no conflicting comments. Compiled comments on the Draft Annual Monitoring and TMDL Report will be provided according to the schedule agreed upon by the USGR WMP Group.

4. Each Annual Monitoring and TMDL Report will be limited in scope and will present data in a simplified way. The level of effort is commensurate with a concise Annual Monitoring and TMDL Report that provides information requested in Part XIV.B.2 of Attachment E of the 2021 MS4 Permit.

5. Completion of the Adaptive Management Report is dependent on each USGR WMP Group Member providing information that can easily be compiled into the Adaptive Management Report.

6. The Adaptive Management Report will be drafted under the assumption that water quality conditions are generally consistent with conditions that formed the basis for the development of the 2021 WMP update. As such, rerunning of the Reasonable Assurance Analysis and revising projects identified in the WMP are not included as part of this Scope. If rerunning of the RAA and/or updating the WMP is necessary, that will be conducted under a separate Scope.

SCOPE OF WORK FOR UPPER SAN GABRIEL RIVER WMP GROUP COORDINATED INTEGRATED MONITORING PROGRAM 11 Task 6 – Meetings and Communication
CONSULTANT will provide project management services as follows:

1. Attend virtual meetings with the USGR WMP Group or as otherwise requested by the County Project Manager without preparation of agenda, presentation, or summary notes (i.e., meeting materials).

2. Schedule and prepare agenda, presentation, and/or summary notes (i.e., meeting materials) for virtual or in-person meetings with the USGR WMP Group or as otherwise requested by the County Project Manager.

Deliverables

1. E-mail notifying County Project Manager of any action items assigned to the CONSULTANT, if any.

2. Electronic copy of all meeting agendas and summaries one week before and after each meeting, respectively, for meetings the CONSULTANT is responsible for preparing agenda, presentations, and/or summary notes.

Assumptions

1. One CONSULTANT staff will attend up to eight virtual meetings per year. Two CONSULTANT staff will attend up to four virtual meetings per year.

2. Two CONSULTANT staff will attend up to four virtual or in-person meetings requiring the preparation of meeting materials with the USGR WMP Group, other watershed management program groups, Regional Board staff, City Councils, County staff, stakeholders, and/or other consultants per year.

SCOPE OF WORK FOR UPPER SAN GABRIEL RIVER WMP GROUP COORDINATED INTEGRATED MONITORING PROGRAM 12 Deliverable Schedule
Annually

1. September 30th – Pre-Storm Season Autosampler Maintenance Completion Email

2. April 30th – Draft Semi-Annual Data Report

3. May 31st – Final Semi-Annual Data Report

4. October 31st – Draft Tech Memo – Water Quality Analysis

5. October 31st – Draft Semi-Annual Data Report

6. November 30th – Final Tech Memo – Water Quality Analysis

7. November 30th – Final Semi-Annual Data Report

8. December 31st – Exceedance Analysis of LSGR Group and ESGR Group Data As-needed:

1. January 15th – Draft Letter to Regional Board to Revise CIMP

2. February 15th – Final Letter to Regional Board to Revise CIMP

3. June 1st – Draft Revised CIMP

4. June 30th – Final Revised CIMP

5. June 30th – Updated outfall GIS database
Cost Estimate for Upper San Gabriel River EWMP Group Coordinated Integrated Monitoring Program Task No. Task Description Year 1 Year 2 Year 3 Year 4
(Optional)

1.0 TMDL Receiving Water Monitoring and Stormwater Monitoring $ 633,228 $ 633,228 $ 633,228 $ 633,228

2.0 Non
‐
Stormwater (NSW) Outfall Screening and Monitoring $ 57,934 $ 85,884 $ 52,773 $ 52,773

3.0 CIMP Evaluation and Revision $ 46,306 $ 46,306 $ 46,306 $ 46,306

4.0 Semi-Annual Data Report and WMP Progress Report $ 34,808 $ 34,808 $ 34,808 $ 34,808

5.0 Annual Monitoring and TMDL Reports $ 59,573 $ 59,573 $ 127,861 $ 59,573

6.0 Meetings and Communication $ 32,462 $ 32,462 $ 32,462 $ 32,462 Total >>>> $ 864,311 $ 892,261 $ 927,438 $ 859,150

1.0 TMDL Receiving Water Monitoring and Stormwater Monitoring (Optional) $ 272,832 $ 272,832 $ 272,832 $ 272,832

2.0 Non
‐
Stormwater (NSW) Outfall Screening and Monitoring (Optional) $ 418,007 $ 46,058 $ - $ -

3.0 CIMP Evaluation and Revision (Optional) $ 33,373 $ 33,373 $ 33,373 $ 33,373 Optional Tasks Total >>>> $ 724,212 $ 352,263 $ 306,205 $ 306,205 Total with Optional Tasks>>>> $ 1,588,523 $ 1,244,524 $ 1,233,643 $ 1,165,355 5/17/2023 1 of 61
Cost Estimate for Upper San Gabriel River EWMP Group Coordinated Integrated Monitoring Program $ 317 $ 259 $ 226 $ 198 $ 193 $ 160 $ 151

1.0 TMDL Receiving Water Monitoring and Stormwater Monitoring 58 154 217 173 148 180 73 1003 $ 209,955 $ - $ 209,955

1.0 TMDL Receiving Water Monitoring and Stormwater Monitoring (Optional) 17 42 72 5 136 $ 33,294 $ - $ 33,294

1.1 Autosampler Maintenance and Equipment Calibration 1.1 1 4 8 1 14 $ 3,312 $ 3,312

1.2 TMDL Receiving Water and Stormwater Outfall Monitoring 47 112 177 173 148 170 68 895 $ 184,195 $ - $ 184,195

1.2.1 Wet Weather Monitoring - 1st Event 11 26 46 44 40 46 18 231 $ 47,127 $ - $ 47,127

1.2.1.1 Receiving Water Sampling (Excluding Reach 4) and SWOF Sampling 8 20 34 44 40 40 18 204 $ 40,950 $ 40,950

1.2.1.2 SGR Reach 4 Sampling 6 6 $ 960 $ 960

1.2.1.3 Post-Event Summary Report 1.2 3 6 12 21 $ 5,217 $ 5,217

1.2.2 Wet Weather Monitoring - 2nd Event 11 26 46 40 36 42 17 218 $ 44,772 $ - $ 44,772

1.2.2.1 Receiving Water Sampling (Excluding Reach 4) and SWOF Sampling 8 20 34 40 36 36 17 191 $ 38,595 $ 38,595

1.2.2.2 SGR Reach 4 Sampling 6 6 $ 960 $ 960

1.2.2.3 Post-Event Summary Report 1.2 3 6 12 21 $ 5,217 $ 5,217

1.2.1.3 Wet Weather Monitoring - 3rd Event 11 26 46 40 36 42 17 218 $ 44,772 $ - $ 44,772

1.2.3.1 Receiving Water Sampling (Excluding Reach 4) and SWOF Sampling 8 20 34 40 36 36 17 191 $ 38,595 $ 38,595

1.2.3.2 SGR Reach 4 Sampling 6 6 $ 960 $ 960

1.2.3.3 Post-Event Summary Report 1.2 3 6 12 21 $ 5,217 $ 5,217

1.2.4 Wet Weather Monitoring - 4th Event 2 12 11 17 14 18 6 80 $ 16,082 $ - $ 16,082

1.2.4.1 Receiving Water Sampling (Excluding Reach 4) 1 8 3 16 14 12 5 59 $ 11,612 $ 11,612

1.2.4.2 SGR Reach 4 Sampling 6 6 $ 960 $ 960

1.2.4.3 Post-Event Summary Report 1.2 1 4 8 1 1 15 $ 3,510 $ 3,510

1.2.5 Non-Event - 1st Event 4 7 16 11 11 4 53 $ 10,736 $ - $ 10,736

1.2.5.1 Preparation and Mobilization 2 4 16 11 11 4 48 $ 9,325 $ 9,325

1.2.5.2 Non-Event Summary Report 1.2 2 3 5 $ 1,411 $ 1,411

1.2.6 Non-Event - 2nd Event 4 7 16 11 11 4 53 $ 10,736 $ - $ 10,736

1.2.6.1 Preparation and Mobilization 2 4 16 11 11 4 48 $ 9,325 $ 9,325

1.2.6.2 Non-Event Summary Report 1.2 2 3 5 $ 1,411 $ 1,411

1.2.7 Dry Weather Monitoring - 1st Event 2 4 14 1 21 $ 4,985 $ - $ 4,985

1.2.7.1 SJC and WCW Sampling and SGR Reach 4 Observation 1 2 10 1 14 $ 3,246 $ 3,246 Task No. Task Description
Senior Project Engineer IIEnvironmental Scientist (Biologist)Associate Environmental Scientist I
Project Engineer IIIContract Coordinator
Scope of
Services
Deliverable
Numbers
LWA
Senior Project ManagerProject Engineer IITotal HoursLabor CostsOther Direct Costs (ODCs) [Materials, Equipment, Transportation, etc.]
Total Firm Costs
5/17/2023 2 of 61 2023-24 Cost Estimate
Cost Estimate for Upper San Gabriel River EWMP Group Coordinated Integrated Monitoring Program $ 317 $ 259 $ 226 $ 198 $ 193 $ 160 $ 151
Task No. Task Description
Senior Project Engineer IIEnvironmental Scientist (Biologist)Associate Environmental Scientist IProject Engineer IIIContract Coordinator Scope of
Services
Deliverable
Numbers
LWA
Senior Project ManagerProject Engineer IITotal HoursLabor CostsOther Direct Costs (ODCs) [Materials, Equipment, Transportation, etc.]
Total Firm Costs

1.2.7.2 Post-Event Summary Report 1.2 1 2 4 7 $ 1,739 $ 1,739

1.2.8 Dry Weather Monitoring - 2nd Event 2 4 14 1 21 $ 4,985 $ - $ 4,985

1.2.1.8.1 SJC and WCW Sampling and SGR Reach 4 Observation 1 2 10 1 14 $ 3,246 $ 3,246

1.2.1.8.2 Post-Event Summary Report 1.2 1 2 4 7 $ 1,739 $ 1,739

1.3 Aquatic Toxicity Monitoring and TIEs 6 30 12 48 $ 12,384 $ - $ 12,384

1.3.1 Toxicity Monitoring - 1st Site 1 5 2 8 $ 2,064 $ - $ 2,064

1.3.1.1 Aquatic Toxicity - 1st Site 1.3 1 2 3 $ 711 $ 711

1.3.1.2 TIE - 1st Site 1.3 1 4 5 $ 1,353 $ 1,353

1.3.2 Toxicity Monitoring - 2nd Site 1 5 2 8 $ 2,064 $ - $ 2,064

1.3.2.1 Aquatic Toxicity - 2nd Site 1.3 1 2 3 $ 711 $ 711

1.3.2.2 TIE - 2nd Site 1.3 1 4 5 $ 1,353 $ 1,353

1.3.3 Toxicity Monitoring - 3rd Site 1 5 2 8 $ 2,064 $ - $ 2,064

1.3.3.1 Aquatic Toxicity - 3rd Site 1.3 1 2 3 $ 711 $ 711

1.3.3.2 TIE - 3rd Site 1.3 1 4 5 $ 1,353 $ 1,353

1.3.4 Toxicity Monitoring - 4th Site 1 5 2 8 $ 2,064 $ - $ 2,064

1.3.4.1 Aquatic Toxicity - 4th Site 1.3 1 2 3 $ 711 $ 711

1.3.4.2 TIE - 4th Site 1.3 1 4 5 $ 1,353 $ 1,353

1.3.5 Toxicity Monitoring - 5th Site 1 5 2 8 $ 2,064 $ - $ 2,064

1.3.5.1 Aquatic Toxicity - 5th Site 1.3 1 2 3 $ 711 $ 711

1.3.5.2 TIE - 5th Site 1.3 1 4 5 $ 1,353 $ 1,353

1.3.6 Toxicity Monitoring - 6th Site 1 5 2 8 $ 2,064 $ - $ 2,064

1.3.6.1 Aquatic Toxicity - 6th Site 1.3 1 2 3 $ 711 $ 711

1.3.6.2 TIE - 6th Site 1.3 1 4 5 $ 1,353 $ 1,353

1.4 Obtain Access Permits 1.4 4 8 20 10 4 46 $ 10,064 $ 10,064

1.5 Equipment Malfunction Maintenance (Optional) 8 24 24 2 58 $ 14,478 $ - $ 14,478

1.5.1 Equipment Malfunction Maintenance - 1st Event 4 12 12 1 29 $ 7,239 $ - $ 7,239

1.5.1.1 Equipment Malfunction Maintenance with Minor Replacement 1.5 1 2 2 5 $ 1,287 $ 1,287

1.5.1.2 Equipment Malfunction Maintenance with Limited Equipment Replacement 1.5 1 4 4 9 $ 2,257 $ 2,257 5/17/2023 3 of 61 2023-24 Cost Estimate
Cost Estimate for Upper San Gabriel River EWMP Group Coordinated Integrated Monitoring Program $ 317 $ 259 $ 226 $ 198 $ 193 $ 160 $ 151
Task No. Task Description
Senior Project Engineer IIEnvironmental Scientist (Biologist)Associate Environmental Scientist IProject Engineer IIIContract Coordinator Scope of
Services
Deliverable
Numbers
LWA
Senior Project ManagerProject Engineer IITotal HoursLabor CostsOther Direct Costs (ODCs) [Materials, Equipment, Transportation, etc.]Total Firm Costs

1.5.1.2 Equipment Malfunction Maintenance with Complete Equipment Replacement 1.5 2 6 6 1 15 $ 3,695 $ 3,695

1.5.2 Equipment Malfunction Maintenance - 2nd Event 4 12 12 1 29 $ 7,239 $ - $ 7,239

1.5.2.1 Equipment Malfunction Maintenance with Minor Replacement 1.5 1 2 2 5 $ 1,287 $ 1,287

1.5.2.2 Equipment Malfunction Maintenance with Limited Equipment Replacement 1.5 1 4 4 9 $ 2,257 $ 2,257

1.5.2.3 Equipment Malfunction Maintenance with Complete Equipment Replacement 1.5 2 6 6 1 15 $ 3,695 $ 3,695

1.6 Install New or Relocated Monitoring Site (Optional) 9 18 48 3 78 $ 18,816 $ - $ 18,816

1.6.1 Straightforward Installation 1.6 2 4 8 1 15 $ 3,629 $ 3,629

1.6.2 Intermediate Installation 1.6 3 6 16 $ 6,121 $ 6,121

1.6.3 Complex Installation 1.6 4 8 24 2 38 $ 9,066 $ 9,066

2.0 Non Stormwater (NSW) Outfall Screening and Monitoring 14 36 40 12 16 6 124 $ 28,644 $ - $ 28,644

2.0 Non Stormwater (NSW) Outfall Screening and Monitoring (Optional) 18 106 490 308 316 308 57 1603 $ 323,759 $ - $ 323,759

2.1 NSW Outfall Screening (Optional) 16 100 444 308 308 308 54 1538 $ 309,178 $ - $ 309,178

2.1.1 NSW Outfall Screening - 1st Event 2.1 8 44 170 110 110 110 20 572 $ 115,982 $ 115,982

2.1.2 NSW Outfall Screening - 2nd Event 2.1 4 28 137 99 99 99 17 483 $ 96,598 $ 96,598

2.1.2 NSW Outfall Screening - 3rd Event 2.1 4 28 137 99 99 99 17 483 $ 96,598 $ 96,598

2.2 Identification of Outfalls with Significant NSW Discharge (Optional) 2.2 2 6 46 8 3 65 $ 14,581 $ 14,581

2.3 Significant NSW Discharge Source Investigations (Optional) $ - $ - $ -

2.3.1 Draft Significant NSW Discharge Source Investigations Plan and Schedule 2.3 $ - $ -

2.3.2 Final Significant NSW Discharge Source Investigations Plan and Schedule 2.3 $ - $ -

2.3.3 Significant NSW Source Investigations $ - $ -

2.3.4 Draft NSW Outfall Screening and Source Identification and Investigation Technical Memorandum 2.4 $ - $ -

2.3.5 Final NSW Outfall Screening and Source Identification and Investigation Technical Memorandum 2.4 $ - $ -

2.4 Significant NSW Discharge Outfall Monitoring 6 16 24 8 16 4 74 $ 16,218 $ - $ 16,218

2.4.1 NSW Outfall Monitoring - 1st Event 3 8 12 4 8 2 37 $ 8,109 $ - $ 8,109

2.4.1.1 Unaddressed Significant NSW Discharge Monitoring 2 6 8 4 8 1 29 $ 6,219 $ 6,219 5/17/2023 4 of 61 2023-24 Cost Estimate
Cost Estimate for Upper San Gabriel River EWMP Group Coordinated Integrated Monitoring Program $ 317 $ 259 $ 226 $ 198 $ 193 $ 160 $ 151
Task No. Task Description
Senior Project Engineer IIEnvironmental Scientist (Biologist)Associate Environmental Scientist IProject Engineer IIIContract Coordinator Scope of
Services
Deliverable
Numbers
LWA
Senior Project ManagerProject Engineer IITotal HoursLabor CostsOther Direct Costs (ODCs) [Materials, Equipment, Transportation, etc.]Total Firm Costs

2.4.1.2 Post-Event Summary Report 2.5 1 2 4 1 8 $ 1,890 $ 1,890

2.4.2 NSW Outfall Monitoring - 2nd Event 3 8 12 4 8 2 37 $ 8,109 $ - $ 8,109

2.4.2.1 Unaddressed Significant NSW Discharge Monitoring 2 6 8 4 8 1 29 $ 6,219 $ 6,219

2.4.2.2 Post-Event Summary Report 2.5 1 2 4 1 8 $ 1,890 $ 1,890

2.5 Illicit Discharge Notification 6 12 1 19 $ 5,161 $ - $ 5,161

2.5.1 NSW Outfall Screening - 1st Event 2.6 2 4 1 7 $ 1,821 $ 1,821

2.5.2 NSW Outfall Screening - 2nd Event 2.6 2 4 6 $ 1,670 $ 1,670

2.5.3 NSW Outfall Screening - 3rd Event 2.6 2 4 6 $ 1,670 $ 1,670

2.6 Upstream Jurisdiction Notification Letters $ - $ - $ -

2.6.1 Upstream Jurisdiction Notification Letter - 1st 2.7 $ - $ -

2.6.2 Upstream Jurisdiction Notification Letter - 2nd 2.7 $ - $ -

2.7 Source of Pollutants Notification Letters $ - $ - $ -

2.7.1 Source of Pollutants Notification Letter - 1st 2.8 $ - $ -

2.7.2 Source of Pollutants Notification Letter - 2nd 2.8 $ - $ -

2.8 Update Water Quality Characteristics 2.9 2 8 16 4 1 31 $ 7,265 $ 7,265

2.9 Paper-Based Outfall Drainage Maps Digitization 2.9 $ - $ -

2.10 Drainage Area Delineation 2.9 $ - $ -

3.0 CIMP Evaluation and Revision 5 30 72 4 96 9 216 $ 46,306 $ - $ 46,306

3.0 CIMP Evaluation and Revision (Optional) 12 26 40 66 7 151 $ 33,373 $ - $ 33,373

3.1 Water Quality Analysis Technical Memorandum 5 30 72 4 96 9 216 $ 46,306 $ - $ 46,306

3.1.1 Draft Water Quality Analysis Technical Memorandum 3.1 4 24 48 4 72 7 159 $ 34,077 $ 34,077

3.1.2 Final Water Quality Analysis Technical Memorandum 3.1 1 6 24 24 2 57 $ 12,229 $ 12,229

3.2 CIMP Adaptive Management Letter (Optional) 4 10 2 1 17 $ 4,395 $ - $ 4,395

3.2.1 Draft CIMP Adaptive Management Letter 3.2 2 6 2 1 11 $ 2,725 $ 2,725

3.2.2 Final CIMP Adaptive Management Letter 3.2 2 4 6 $ 1,670 $ 1,670

3.3 Revised CIMP (Optional) 8 16 40 64 6 134 $ 28,978 $ - $ 28,978

3.2.1 Draft Revised CIMP 3.3 4 8 32 48 4 96 $ 20,440 $ 20,440

3.2.2 Final Revised CIMP 3.3 4 8 8 16 2 38 $ 8,538 $ 8,538 5/17/2023 5 of 61 2023-24 Cost Estimate
Cost Estimate for Upper San Gabriel River EWMP Group Coordinated Integrated Monitoring Program $ 317 $ 259 $ 226 $ 198 $ 193 $ 160 $ 151
Task No. Task Description
Senior Project Engineer IIEnvironmental Scientist (Biologist)Associate Environmental Scientist IProject Engineer IIIContract Coordinator Scope of
Services
Deliverable
Numbers
LWA
Senior Project ManagerProject Engineer IITotal HoursLabor CostsOther Direct Costs (ODCs) [Materials, Equipment, Transportation, etc.]Total Firm Costs

4.0 Semi-Annual Data Report and WMP Progress Report 18 48 20 10 48 6 150 $ 34,808 $ - $ 34,808

4.1 Jul 1 to Dec 31 Semi-Annual Monitoring Report 3 8 5 8 1 25 $ 5,708 $ - $ 5,708

4.1.1 Draft Jul 1 to Dec 31 Semi-Annual Monitoring Report 4.1 2 6 4 8 1 21 $ 4,675 $ 4,675

4.1.2 Final Jul 1 to Dec 31 Semi-Annual Monitoring Report 4.1 1 2 1 4 $ 1,033 $ 1,033

4.2 Jan 1 to Jun 30 Semi-Annual Monitoring Report 3 8 5 8 1 25 $ 5,708 $ - $ 5,708

4.2.1 Draft Jan 1 to Jun 30 Semi-Annual Monitoring Report 4.2 2 6 4 8 1 21 $ 4,675 $ 4,675

4.2.2 Final Jan 1 to Jun 30 Semi-Annual Monitoring Report 4.2 1 2 1 4 $ 1,033 $ 1,033

4.3 Jul 1 to Dec 31 Semi-Annual WMP Progress Report 6 16 10 16 2 50 $ 11,696 $ - $ 11,696

4.3.1 Draft Jul 1 to Dec 31 Semi-Annual WMP Progress Report 4.3 4 12 8 16 2 42 $ 9,574 $ 9,574

4.3.2 Final Jul 1 to Dec 31 Semi-Annual WMP Progress Report 4.3 2 4 2 8 $ 2,122 $ 2,122

4.4 Jan 1 to Jun 30 Semi-Annual WMP Progress Report 6 16 10 16 2 50 $ 11,696 $ - $ 11,696

4.4.1 Draft Jan 1 to Jun 30 Semi-Annual WMP Progress Report 4.3 4 12 8 16 2 42 $ 9,574 $ 9,574

4.4.2 Final Jan 1 to Jun 30 Semi-Annual WMP Progress Report 4.3 2 4 2 8 $ 2,122 $ 2,122

5.0 Annual Monitoring and TMDL Reports 13 59 56 10 112 16 9 275 $ 59,573 $ - $ 59,573

5.1 Draft Annual Report 5.1 6 30 40 8 60 8 6 158 $ 34,062 $ 34,062

5.2 Final Annual Report 5.1 1 5 4 2 12 4 1 29 $ 6,019 $ 6,019

5.3 LSGR and ESGR Exceedance Analysis 5.2 6 24 12 40 4 2 88 $ 19,492 $ 19,492

5.5 Draft Adaptive Management 5.3 $ - $ -

5.6 Final Adaptive Management 5.3 $ - $ -

6.0 Meetings and Communication 19 50 51 13 133 $ 32,462 $ - $ 32,462

6.1 Twelve Meetings and Calls without Meeting Materials 6.1 3 18 3 8 32 $ 7,499 $ 7,499

6.2 Four Meetings and Calls with Meeting Materials 6.2 16 32 48 5 101 $ 24,963 $ 24,963 Totals 127 377 456 209 404 212 116 1901 $ 411,748 $ - $ 411,748 Totals (Optional) 47 174 602 308 382 308 69 1890 $ 390,426 $ - $ 390,426 5/17/2023 6 of 61 2023-24 Cost Estimate
Cost Estimate for Upper San Gabriel River EWMP Group Coordinated Integrated Monitoring Program

1.0 TMDL Receiving Water Monitoring and Stormwater Monitoring

1.0 TMDL Receiving Water Monitoring and Stormwater Monitoring (Optional)

1.1 Autosampler Maintenance and Equipment Calibration 1.1

1.2 TMDL Receiving Water and Stormwater Outfall Monitoring

1.2.1 Wet Weather Monitoring - 1st Event

1.2.1.1 Receiving Water Sampling (Excluding Reach 4) and SWOF Sampling

1.2.1.2 SGR Reach 4 Sampling

1.2.1.3 Post-Event Summary Report 1.2

1.2.2 Wet Weather Monitoring - 2nd Event

1.2.2.1 Receiving Water Sampling (Excluding Reach 4) and SWOF Sampling

1.2.2.2 SGR Reach 4 Sampling

1.2.2.3 Post-Event Summary Report 1.2

1.2.1.3 Wet Weather Monitoring - 3rd Event

1.2.3.1 Receiving Water Sampling (Excluding Reach 4) and SWOF Sampling

1.2.3.2 SGR Reach 4 Sampling

1.2.3.3 Post-Event Summary Report 1.2

1.2.4 Wet Weather Monitoring - 4th Event

1.2.4.1 Receiving Water Sampling (Excluding Reach 4)

1.2.4.2 SGR Reach 4 Sampling

1.2.4.3 Post-Event Summary Report 1.2

1.2.5 Non-Event - 1st Event

1.2.5.1 Preparation and Mobilization

1.2.5.2 Non-Event Summary Report 1.2

1.2.6 Non-Event - 2nd Event

1.2.6.1 Preparation and Mobilization

1.2.6.2 Non-Event Summary Report 1.2

1.2.7 Dry Weather Monitoring - 1st Event

1.2.7.1 SJC and WCW Sampling and SGR Reach 4 Observation Task No. Task Description
Scope of
Services
Deliverable
Numbers
$ 204 $ 241 $ 193 $ 163 $ 143
288 96 393 377 1154 $ 219,188 $ 3,000 $ 222,188
61 13 403 314 791 $ 144,538 $ 95,000 $ 239,538
34 6 60 60 160 $ 29,742 $ 3,000 $ 32,742
254 90 333 317 994 $ 189,446 $ - $ 189,446
70 20 89 77 256 $ 48,828 $ - $ 48,828
60 14 80 74 228 $ 43,116 $ 43,116
3 3 6 $ 1,068 $ 1,068
10 6 6 22 $ 4,644 $ 4,644
60 20 73 73 226 $ 43,048 $ - $ 43,048
51 14 66 70 201 $ 37,926 $ 37,926
3 3 6 $ 1,068 $ 1,068
9 6 4 19 $ 4,054 $ 4,054
60 20 73 73 226 $ 43,048 $ - $ 43,048
51 14 66 70 201 $ 37,926 $ 37,926
3 3 6 $ 1,068 $ 1,068
9 6 4 19 $ 4,054 $ 4,054
6 10 28 28 72 $ 13,602 $ - $ 13,602
5 7 22 25 59 $ 11,028 $ 11,028
3 3 6 $ 1,068 $ 1,068
1 3 3 7 $ 1,506 $ 1,506
24 7 21 21 73 $ 14,059 $ - $ 14,059
23 6 21 21 71 $ 13,614 $ 13,614
1 1 2 $ 445 $ 445
24 7 21 21 73 $ 14,059 $ - $ 14,059
23 6 21 21 71 $ 13,614 $ 13,614
1 1 2 $ 445 $ 445
5 3 14 12 34 $ 6,401 $ - $ 6,401
2 2 14 12 30 $ 5,548 $ 5,548 Supervising Field Technician Environmental Engineer Project Engineer III Engineering Technician Environmental Scientist II Labor Costs Other Direct Costs (ODCs) [Materials, Equipment, Transportation, etc.] Total Firm Costs Kinnetic Laboratories Inc Total Hours
5/17/2023 7 of 61 2023-24 Cost Estimate
Cost Estimate for Upper San Gabriel River EWMP Group Coordinated Integrated Monitoring Program

Task No. Task Description
Scope of
Services
Deliverable
Numbers

1.2.7.2 Post-Event Summary Report 1.2

1.2.8 Dry Weather Monitoring - 2nd Event

1.2.1.8.1 SJC and WCW Sampling and SGR Reach 4 Observation

1.2.1.8.2 Post-Event Summary Report 1.2

1.3 Aquatic Toxicity Monitoring and TIEs

1.3.1 Toxicity Monitoring - 1st Site

1.3.1.1 Aquatic Toxicity - 1st Site 1.3

1.3.1.2 TIE - 1st Site 1.3

1.3.2 Toxicity Monitoring - 2nd Site

1.3.2.1 Aquatic Toxicity - 2nd Site 1.3

1.3.2.2 TIE - 2nd Site 1.3

1.3.3 Toxicity Monitoring - 3rd Site

1.3.3.1 Aquatic Toxicity - 3rd Site 1.3

1.3.3.2 TIE - 3rd Site 1.3

1.3.4 Toxicity Monitoring - 4th Site

1.3.4.1 Aquatic Toxicity - 4th Site 1.3

1.3.4.2 TIE - 4th Site 1.3

1.3.5 Toxicity Monitoring - 5th Site

1.3.5.1 Aquatic Toxicity - 5th Site 1.3

1.3.5.2 TIE - 5th Site 1.3

1.3.6 Toxicity Monitoring - 6th Site

1.3.6.1 Aquatic Toxicity - 6th Site 1.3

1.3.6.2 TIE - 6th Site 1.3

1.4 Obtain Access Permits 1.4

1.5 Equipment Malfunction Maintenance (Optional)

1.5.1 Equipment Malfunction Maintenance - 1st Event

1.5.1.1 Equipment Malfunction Maintenance with Minor Replacement 1.5

1.5.1.2 Equipment Malfunction Maintenance with Limited Equipment Replacement 1.5 $ 204 $ 241 $ 193 $ 163 $ 143 Supervising Field Technician Environmental Engineer Project Engineer III Engineering Technician Environmental Scientist II Labor CostsOther Direct Costs (ODCs)
[Materials, Equipment, Transportation, etc.]
Total Firm Costs
Kinnetic Laboratories Inc Total Hours
3 1 4 $ 853 $ 853
5 3 14 12 34 $ 6,401 $ - $ 6,401
2 2 14 12 30 $ 5,548 $ 5,548
3 1 4 $ 853 $ 853
$ - $ - $ -
$ - $ - $ -
$ - $ -
$ - $ -
$ - $ - $ -
$ - $ -
$ - $ -
$ - $ - $ -
$ - $ -
$ - $ -
$ - $ - $ -
$ - $ -
$ - $ -
$ - $ - $ -
$ - $ -
$ - $ -
$ - $ - $ -
$ - $ -
$ - $ -
$ - $ -
30 170 170 370 $ 66,640 $ 95,000 $ 161,640
15 85 85 185 $ 33,320 $ 47,500 $ 80,820
5 10 10 25 $ 4,580 $ 2,500 $ 7,080
5 25 25 55 $ 9,920 $ 10,000 $ 19,920
5/17/2023 8 of 61 2023-24 Cost Estimate
Cost Estimate for Upper San Gabriel River EWMP Group Coordinated Integrated Monitoring Program

Task No. Task Description
Scope of
Services
Deliverable
Numbers

1.5.1.2 Equipment Malfunction Maintenance with Complete Equipment Replacement 1.5

1.5.2 Equipment Malfunction Maintenance - 2nd Event

1.5.2.1 Equipment Malfunction Maintenance with Minor Replacement 1.5

1.5.2.2 Equipment Malfunction Maintenance with Limited Equipment Replacement 1.5

1.5.2.3 Equipment Malfunction Maintenance with Complete Equipment Replacement 1.5

1.6 Install New or Relocated Monitoring Site (Optional)

1.6.1 Straightforward Installation 1.6

1.6.2 Intermediate Installation 1.6

1.6.3 Complex Installation 1.6

2.0 Non Stormwater (NSW) Outfall Screening and Monitoring

2.0 Non Stormwater (NSW) Outfall Screening and Monitoring (Optional)

2.1 NSW Outfall Screening (Optional)

2.1.1 NSW Outfall Screening - 1st Event 2.1

2.1.2 NSW Outfall Screening - 2nd Event 2.1

2.1.2 NSW Outfall Screening - 3rd Event 2.1

2.2 Identification of Outfalls with Significant NSW Discharge (Optional) 2.2

2.3 Significant NSW Discharge Source Investigations (Optional)

2.3.1 Draft Significant NSW Discharge Source Investigations Plan and Schedule 2.3

2.3.2 Final Significant NSW Discharge Source Investigations Plan and Schedule 2.3

2.3.3 Significant NSW Source Investigations

2.3.4 Draft NSW Outfall Screening and Source Identification and Investigation Technical Memorandum 2.4

2.3.5 Final NSW Outfall Screening and Source Identification and Investigation Technical Memorandum 2.4

2.4 Significant NSW Discharge Outfall Monitoring

2.4.1 NSW Outfall Monitoring - 1st Event

2.4.1.1 Unaddressed Significant NSW Discharge Monitoring $ 204 $ 241 $ 193 $ 163 $ 143 Supervising Field Technician Environmental Engineer Project Engineer III Engineering Technician Environmental Scientist II Labor CostsOther Direct Costs (ODCs) [Materials, Equipment, Transportation, etc.]Total Firm Costs Kinnetic Laboratories Inc Total Hours
5 50 50 105 $ 18,820 $ 35,000 $ 53,820
15 85 85 185 $ 33,320 $ 47,500 $ 80,820
5 10 10 25 $ 4,580 $ 2,500 $ 7,080
5 25 25 55 $ 9,920 $ 10,000 $ 19,920
5 50 50 105 $ 18,820 $ 35,000 $ 53,820
31 13 233 144 421 $ 77,898 $ - $ 77,898
9 3 60 36 108 $ 20,007 $ 20,007
10 4 78 48 140 $ 25,882 $ 25,882
12 6 95 60 173 $ 32,009 $ 32,009
$ - $ - $ -
308 308 616 $ 94,248 $ - $ 94,248
308 308 616 $ 94,248 $ - $ 94,248
110 110 220 $ 33,660 $ 33,660
99 99 198 $ 30,294 $ 30,294
99 99 198 $ 30,294 $ 30,294
$ - $ -
$ - $ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ -
5/17/2023 9 of 61 2023-24 Cost Estimate
Cost Estimate for Upper San Gabriel River EWMP Group Coordinated Integrated Monitoring Program

Task No. Task Description
Scope of
Services
Deliverable
Numbers

2.4.1.2 Post-Event Summary Report 2.5

2.4.2 NSW Outfall Monitoring - 2nd Event

2.4.2.1 Unaddressed Significant NSW Discharge Monitoring

2.4.2.2 Post-Event Summary Report 2.5

2.5 Illicit Discharge Notification

2.5.1 NSW Outfall Screening - 1st Event 2.6

2.5.2 NSW Outfall Screening - 2nd Event 2.6

2.5.3 NSW Outfall Screening - 3rd Event 2.6

2.6 Upstream Jurisdiction Notification Letters

2.6.1 Upstream Jurisdiction Notification Letter - 1st 2.7

2.6.2 Upstream Jurisdiction Notification Letter - 2nd 2.7

2.7 Source of Pollutants Notification Letters

2.7.1 Source of Pollutants Notification Letter - 1st 2.8

2.7.2 Source of Pollutants Notification Letter - 2nd 2.8

2.8 Update Water Quality Characteristics 2.9

2.9 Paper-Based Outfall Drainage Maps Digitization 2.9

2.10 Drainage Area Delineation 2.9

3.0 CIMP Evaluation and Revision

3.0 CIMP Evaluation and Revision (Optional)

3.1 Water Quality Analysis Technical Memorandum

3.1.1 Draft Water Quality Analysis Technical Memorandum 3.1

3.1.2 Final Water Quality Analysis Technical Memorandum 3.1

3.2 CIMP Adaptive Management Letter (Optional)

3.2.1 Draft CIMP Adaptive Management Letter 3.2

3.2.2 Final CIMP Adaptive Management Letter 3.2

3.3 Revised CIMP (Optional)

3.2.1 Draft Revised CIMP 3.3

3.2.2 Final Revised CIMP 3.3
$ 204 $ 241 $ 193 $ 163 $ 143 Supervising Field Technician Environmental Engineer Project Engineer III Engineering Technician Environmental Scientist II Labor CostsOther Direct Costs (ODCs) [Materials, Equipment, Transportation, etc.]Total Firm Costs Kinnetic Laboratories Inc Total Hours
$ - $ -
$ - $ - $ -
$ - $ -
$ - $ -
$ - $ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ - $ -
$ - $ -
$ - $ -
$ - $ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ -
$ - $ -
$ - $ - $ -
$ - $ -
$ - $ -
$ - $ - $ -
$ - $ -
$ - $ -
5/17/2023 10 of 61 2023-24 Cost Estimate
Cost Estimate for Upper San Gabriel River EWMP Group Coordinated Integrated Monitoring Program

Task No. Task Description
Scope of
Services
Deliverable
Numbers

4.0 Semi-Annual Data Report and WMP Progress Report

4.1 Jul 1 to Dec 31 Semi-Annual Monitoring Report

4.1.1 Draft Jul 1 to Dec 31 Semi-Annual Monitoring Report 4.1

4.1.2 Final Jul 1 to Dec 31 Semi-Annual Monitoring Report 4.1

4.2 Jan 1 to Jun 30 Semi-Annual Monitoring Report

4.2.1 Draft Jan 1 to Jun 30 Semi-Annual Monitoring Report 4.2

4.2.2 Final Jan 1 to Jun 30 Semi-Annual Monitoring Report 4.2

4.3 Jul 1 to Dec 31 Semi-Annual WMP Progress Report

4.3.1 Draft Jul 1 to Dec 31 Semi-Annual WMP Progress Report 4.3

4.3.2 Final Jul 1 to Dec 31 Semi-Annual WMP Progress Report 4.3

4.4 Jan 1 to Jun 30 Semi-Annual WMP Progress Report

4.4.1 Draft Jan 1 to Jun 30 Semi-Annual WMP Progress Report 4.3

4.4.2 Final Jan 1 to Jun 30 Semi-Annual WMP Progress Report 4.3

5.0 Annual Monitoring and TMDL Reports

5.1 Draft Annual Report 5.1

5.2 Final Annual Report 5.1

5.3 LSGR and ESGR Exceedance Analysis 5.2

5.5 Draft Adaptive Management 5.3

5.6 Final Adaptive Management 5.3

6.0 Meetings and Communication

6.1 Twelve Meetings and Calls without Meeting Materials 6.1

6.2 Four Meetings and Calls with Meeting Materials 6.2
Totals
Totals (Optional)
$ 204 $ 241 $ 193 $ 163 $ 143 Supervising Field Technician Environmental Engineer Project Engineer III Engineering Technician Environmental Scientist II Labor CostsOther Direct Costs (ODCs) [Materials, Equipment, Transportation, etc.]Total Firm Costs Kinnetic Laboratories Inc Total Hours
$ - $ - $ -
$ - $ - $ -
$ - $ -
$ - $ -
$ - $ - $ -
$ - $ -
$ - $ -
$ - $ - $ -
$ - $ -
$ - $ -
$ - $ - $ -
$ - $ -
$ - $ -
$ - $ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ - $ -
$ - $ -
$ - $ -
288 96 393 377 1154 $ 219,188 $ 3,000 $ 222,188
61 13 403 622 308 1407 $ 238,786 $ 95,000 $ 333,786
5/17/2023 11 of 61 2023-24 Cost Estimate
Cost Estimate for Upper San Gabriel River EWMP Group Coordinated Integrated Monitoring Program

1.0 TMDL Receiving Water Monitoring and Stormwater Monitoring

1.0 TMDL Receiving Water Monitoring and Stormwater Monitoring (Optional)

1.1 Autosampler Maintenance and Equipment Calibration 1.1

1.2 TMDL Receiving Water and Stormwater Outfall Monitoring

1.2.1 Wet Weather Monitoring - 1st Event

1.2.1.1 Receiving Water Sampling (Excluding Reach 4) and SWOF Sampling

1.2.1.2 SGR Reach 4 Sampling

1.2.1.3 Post-Event Summary Report 1.2

1.2.2 Wet Weather Monitoring - 2nd Event

1.2.2.1 Receiving Water Sampling (Excluding Reach 4) and SWOF Sampling

1.2.2.2 SGR Reach 4 Sampling

1.2.2.3 Post-Event Summary Report 1.2

1.2.1.3 Wet Weather Monitoring - 3rd Event

1.2.3.1 Receiving Water Sampling (Excluding Reach 4) and SWOF Sampling

1.2.3.2 SGR Reach 4 Sampling

1.2.3.3 Post-Event Summary Report 1.2

1.2.4 Wet Weather Monitoring - 4th Event

1.2.4.1 Receiving Water Sampling (Excluding Reach 4)

1.2.4.2 SGR Reach 4 Sampling

1.2.4.3 Post-Event Summary Report 1.2

1.2.5 Non-Event - 1st Event

1.2.5.1 Preparation and Mobilization

1.2.5.2 Non-Event Summary Report 1.2

1.2.6 Non-Event - 2nd Event

1.2.6.1 Preparation and Mobilization

1.2.6.2 Non-Event Summary Report 1.2

1.2.7 Dry Weather Monitoring - 1st Event

1.2.7.1 SJC and WCW Sampling and SGR Reach 4 Observation Task No. Task Description
Scope of
Services
Deliverable
Numbers
$ 127,735 $ 73,350 $ 201,085 $ 633,228
$ - $ - $ - $ 272,832
$ 21,478 $ 21,478 $ 57,532
$ 106,257 $ - $ 106,257 $ 479,898
$ 25,838 $ - $ 25,838 $ 121,793
$ 22,686 $ 22,686 $ 106,752
$ 3,153 $ 3,153 $ 5,181
$ - $ 9,861
$ 25,838 $ - $ 25,838 $ 113,658
$ 22,686 $ 22,686 $ 99,207
$ 3,153 $ 3,153 $ 5,181
$ - $ 9,271
$ 25,838 $ - $ 25,838 $ 113,658
$ 22,686 $ 22,686 $ 99,207
$ 3,153 $ 3,153 $ 5,181
$ - $ 9,271
$ 11,035 $ - $ 11,035 $ 40,719
$ 7,882 $ 7,882 $ 30,522
$ 3,153 $ 3,153 $ 5,181
$ - $ 5,016
$ - $ - $ - $ 24,795
$ - $ 22,939
$ - $ 1,856
$ - $ - $ - $ 24,795
$ - $ 22,939
$ - $ 1,856
$ 8,854 $ - $ 8,854 $ 20,240
$ 8,854 $ 8,854 $ 17,648
Laboratory Costs
General LabToxicity LabTotal Laboratory CostsTotal of Project Costs 5/17/2023 12 of 61 2023-24 Cost Estimate
Cost Estimate for Upper San Gabriel River EWMP Group Coordinated Integrated Monitoring Program

Task No. Task Description
Scope of
Services
Deliverable
Numbers

1.2.7.2 Post-Event Summary Report 1.2

1.2.8 Dry Weather Monitoring - 2nd Event

1.2.1.8.1 SJC and WCW Sampling and SGR Reach 4 Observation

1.2.1.8.2 Post-Event Summary Report 1.2

1.3 Aquatic Toxicity Monitoring and TIEs

1.3.1 Toxicity Monitoring - 1st Site

1.3.1.1 Aquatic Toxicity - 1st Site 1.3

1.3.1.2 TIE - 1st Site 1.3

1.3.2 Toxicity Monitoring - 2nd Site

1.3.2.1 Aquatic Toxicity - 2nd Site 1.3

1.3.2.2 TIE - 2nd Site 1.3

1.3.3 Toxicity Monitoring - 3rd Site

1.3.3.1 Aquatic Toxicity - 3rd Site 1.3

1.3.3.2 TIE - 3rd Site 1.3

1.3.4 Toxicity Monitoring - 4th Site

1.3.4.1 Aquatic Toxicity - 4th Site 1.3

1.3.4.2 TIE - 4th Site 1.3

1.3.5 Toxicity Monitoring - 5th Site

1.3.5.1 Aquatic Toxicity - 5th Site 1.3

1.3.5.2 TIE - 5th Site 1.3

1.3.6 Toxicity Monitoring - 6th Site

1.3.6.1 Aquatic Toxicity - 6th Site 1.3

1.3.6.2 TIE - 6th Site 1.3

1.4 Obtain Access Permits 1.4

1.5 Equipment Malfunction Maintenance (Optional)

1.5.1 Equipment Malfunction Maintenance - 1st Event

1.5.1.1 Equipment Malfunction Maintenance with Minor Replacement 1.5

1.5.1.2 Equipment Malfunction Maintenance with Limited Equipment Replacement 1.5 Laboratory Costs
General LabToxicity LabTotal Laboratory CostsTotal of Project Costs $ - $ 2,592
$ 8,854 $ - $ 8,854 $ 20,240
$ 8,854 $ 8,854 $ 17,648
$ - $ 2,592
$ - $ 73,350 $ 73,350 $ 85,734
$ - $ 12,225 $ 12,225 $ 14,289
$ 2,225 $ 2,225 $ 2,936
$ 10,000 $ 10,000 $ 11,353
$ - $ 12,225 $ 12,225 $ 14,289
$ 2,225 $ 2,225 $ 2,936
$ 10,000 $ 10,000 $ 11,353
$ - $ 12,225 $ 12,225 $ 14,289
$ 2,225 $ 2,225 $ 2,936
$ 10,000 $ 10,000 $ 11,353
$ - $ 12,225 $ 12,225 $ 14,289
$ 2,225 $ 2,225 $ 2,936
$ 10,000 $ 10,000 $ 11,353
$ - $ 12,225 $ 12,225 $ 14,289
$ 2,225 $ 2,225 $ 2,936
$ 10,000 $ 10,000 $ 11,353
$ - $ 12,225 $ 12,225 $ 14,289
$ 2,225 $ 2,225 $ 2,936
$ 10,000 $ 10,000 $ 11,353
$ - $ 10,064
$ - $ - $ - $ 176,118
$ - $ - $ - $ 88,059
$ - $ 8,367
$ - $ 22,177
5/17/2023 13 of 61 2023-24 Cost Estimate
Cost Estimate for Upper San Gabriel River EWMP Group Coordinated Integrated Monitoring Program

Task No. Task Description
Scope of
Services
Deliverable
Numbers

1.5.1.2 Equipment Malfunction Maintenance with Complete Equipment Replacement 1.5

1.5.2 Equipment Malfunction Maintenance - 2nd Event

1.5.2.1 Equipment Malfunction Maintenance with Minor Replacement 1.5

1.5.2.2 Equipment Malfunction Maintenance with Limited Equipment Replacement 1.5

1.5.2.3 Equipment Malfunction Maintenance with Complete Equipment Replacement 1.5

1.6 Install New or Relocated Monitoring Site (Optional)

1.6.1 Straightforward Installation 1.6

1.6.2 Intermediate Installation 1.6

1.6.3 Complex Installation 1.6

2.0 Non Stormwater (NSW) Outfall Screening and Monitoring

2.0 Non Stormwater (NSW) Outfall Screening and Monitoring (Optional)

2.1 NSW Outfall Screening (Optional)

2.1.1 NSW Outfall Screening - 1st Event 2.1

2.1.2 NSW Outfall Screening - 2nd Event 2.1

2.1.2 NSW Outfall Screening - 3rd Event 2.1

2.2 Identification of Outfalls with Significant NSW Discharge (Optional) 2.2

2.3 Significant NSW Discharge Source Investigations (Optional)

2.3.1 Draft Significant NSW Discharge Source Investigations Plan and Schedule 2.3

2.3.2 Final Significant NSW Discharge Source Investigations Plan and Schedule 2.3

2.3.3 Significant NSW Source Investigations

2.3.4 Draft NSW Outfall Screening and Source Identification and Investigation Technical Memorandum 2.4

2.3.5 Final NSW Outfall Screening and Source Identification and Investigation Technical Memorandum 2.4

2.4 Significant NSW Discharge Outfall Monitoring

2.4.1 NSW Outfall Monitoring - 1st Event

2.4.1.1 Unaddressed Significant NSW Discharge Monitoring Laboratory Costs
General LabToxicity LabTotal Laboratory CostsTotal of Project Costs $ - $ 57,515
$ - $ - $ - $ 88,059
$ - $ 8,367
$ - $ 22,177
$ - $ 57,515
$ - $ - $ - $ 96,714
$ - $ 23,636
$ - $ 32,003
$ - $ 41,075
$ 29,290 $ - $ 29,290 $ 57,934
$ - $ - $ - $ 418,007
$ - $ - $ - $ 403,426
$ - $ 149,642
$ - $ 126,892
$ - $ 126,892
$ - $ 14,581
$ - $ - $ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ 29,290 $ - $ 29,290 $ 45,508
$ 14,645 $ - $ 14,645 $ 22,754
$ 14,645 $ 14,645 $ 20,864
5/17/2023 14 of 61 2023-24 Cost Estimate
Cost Estimate for Upper San Gabriel River EWMP Group Coordinated Integrated Monitoring Program

Task No. Task Description
Scope of
Services
Deliverable
Numbers

2.4.1.2 Post-Event Summary Report 2.5

2.4.2 NSW Outfall Monitoring - 2nd Event

2.4.2.1 Unaddressed Significant NSW Discharge Monitoring

2.4.2.2 Post-Event Summary Report 2.5

2.5 Illicit Discharge Notification

2.5.1 NSW Outfall Screening - 1st Event 2.6

2.5.2 NSW Outfall Screening - 2nd Event 2.6

2.5.3 NSW Outfall Screening - 3rd Event 2.6

2.6 Upstream Jurisdiction Notification Letters

2.6.1 Upstream Jurisdiction Notification Letter - 1st 2.7

2.6.2 Upstream Jurisdiction Notification Letter - 2nd 2.7

2.7 Source of Pollutants Notification Letters

2.7.1 Source of Pollutants Notification Letter - 1st 2.8

2.7.2 Source of Pollutants Notification Letter - 2nd 2.8

2.8 Update Water Quality Characteristics 2.9

2.9 Paper-Based Outfall Drainage Maps Digitization 2.9

2.10 Drainage Area Delineation 2.9

3.0 CIMP Evaluation and Revision

3.0 CIMP Evaluation and Revision (Optional)

3.1 Water Quality Analysis Technical Memorandum

3.1.1 Draft Water Quality Analysis Technical Memorandum 3.1

3.1.2 Final Water Quality Analysis Technical Memorandum 3.1

3.2 CIMP Adaptive Management Letter (Optional)

3.2.1 Draft CIMP Adaptive Management Letter 3.2

3.2.2 Final CIMP Adaptive Management Letter 3.2

3.3 Revised CIMP (Optional)

3.2.1 Draft Revised CIMP 3.3

3.2.2 Final Revised CIMP 3.3
Laboratory Costs
General LabToxicity LabTotal Laboratory CostsTotal of Project Costs $ - $ 1,890
$ 14,645 $ - $ 14,645 $ 22,754
$ 14,645 $ 14,645 $ 20,864
$ - $ 1,890
$ - $ - $ - $ 5,161
$ - $ 1,821
$ - $ 1,670
$ - $ 1,670
$ - $ - $ - $ -
$ - $ -
$ - $ -
$ - $ - $ - $ -
$ - $ -
$ - $ -
$ - $ 7,265
$ - $ -
$ - $ -
$ - $ - $ - $ 46,306
$ - $ - $ - $ 33,373
$ - $ - $ - $ 46,306
$ - $ 34,077
$ - $ 12,229
$ - $ - $ - $ 4,395
$ - $ 2,725
$ - $ 1,670
$ - $ - $ - $ 28,978
$ - $ 20,440
$ - $ 8,538
5/17/2023 15 of 61 2023-24 Cost Estimate
Cost Estimate for Upper San Gabriel River EWMP Group Coordinated Integrated Monitoring Program

Task No. Task Description
Scope of
Services
Deliverable
Numbers

4.0 Semi-Annual Data Report and WMP Progress Report

4.1 Jul 1 to Dec 31 Semi-Annual Monitoring Report

4.1.1 Draft Jul 1 to Dec 31 Semi-Annual Monitoring Report 4.1

4.1.2 Final Jul 1 to Dec 31 Semi-Annual Monitoring Report 4.1

4.2 Jan 1 to Jun 30 Semi-Annual Monitoring Report

4.2.1 Draft Jan 1 to Jun 30 Semi-Annual Monitoring Report 4.2

4.2.2 Final Jan 1 to Jun 30 Semi-Annual Monitoring Report 4.2

4.3 Jul 1 to Dec 31 Semi-Annual WMP Progress Report

4.3.1 Draft Jul 1 to Dec 31 Semi-Annual WMP Progress Report 4.3

4.3.2 Final Jul 1 to Dec 31 Semi-Annual WMP Progress Report 4.3

4.4 Jan 1 to Jun 30 Semi-Annual WMP Progress Report

4.4.1 Draft Jan 1 to Jun 30 Semi-Annual WMP Progress Report 4.3

4.4.2 Final Jan 1 to Jun 30 Semi-Annual WMP Progress Report 4.3

5.0 Annual Monitoring and TMDL Reports

5.1 Draft Annual Report 5.1

5.2 Final Annual Report 5.1

5.3 LSGR and ESGR Exceedance Analysis 5.2

5.5 Draft Adaptive Management 5.3

5.6 Final Adaptive Management 5.3

6.0 Meetings and Communication

6.1 Twelve Meetings and Calls without Meeting Materials 6.1

6.2 Four Meetings and Calls with Meeting Materials 6.2
Totals
Totals (Optional)
Laboratory Costs
General LabToxicity LabTotal Laboratory CostsTotal of Project Costs $ - $ - $ - $ 34,808
$ - $ - $ - $ 5,708
$ - $ 4,675
$ - $ 1,033
$ - $ - $ - $ 5,708
$ - $ 4,675
$ - $ 1,033
$ - $ - $ - $ 11,696
$ - $ 9,574
$ - $ 2,122
$ - $ - $ - $ 11,696
$ - $ 9,574
$ - $ 2,122
$ - $ - $ - $ 59,573
$ - $ 34,062
$ - $ 6,019
$ - $ 19,492
$ - $ -
$ - $ -
$ - $ - $ - $ 32,462
$ - $ 7,499
$ - $ 24,963
$ 157,025 $ 73,350 $ 230,375 $ 864,311
$ - $ - $ - $ 724,212
5/17/2023 16 of 61 2023-24 Cost Estimate
Cost Estimate for Upper San Gabriel River EWMP Group Coordinated Integrated Monitoring Program $ 317 $ 259 $ 226 $ 198 $ 193 $ 160 $ 151

1.0 TMDL Receiving Water Monitoring and Stormwater Monitoring 58 154 217 173 148 180 73 1003 $ 209,955 $ - $ 209,955

1.0 TMDL Receiving Water Monitoring and Stormwater Monitoring (Optional) 17 42 72 5 136 $ 33,294 $ - $ 33,294

1.1 Autosampler Maintenance and Equipment Calibration 1.1 1 4 8 1 14 $ 3,312 $ 3,312

1.2 TMDL Receiving Water and Stormwater Outfall Monitoring 47 112 177 173 148 170 68 895 $ 184,195 $ - $ 184,195

1.2.1 Wet Weather Monitoring - 1st Event 11 26 46 44 40 46 18 231 $ 47,127 $ - $ 47,127

1.2.1.1 Receiving Water Sampling (Excluding Reach 4) and SWOF Sampling 8 20 34 44 40 40 18 204 $ 40,950 $ 40,950

1.2.1.2 SGR Reach 4 Sampling 6 6 $ 960 $ 960

1.2.1.3 Post-Event Summary Report 1.2 3 6 12 21 $ 5,217 $ 5,217

1.2.2 Wet Weather Monitoring - 2nd Event 11 26 46 40 36 42 17 218 $ 44,772 $ - $ 44,772

1.2.2.1 Receiving Water Sampling (Excluding Reach 4) and SWOF Sampling 8 20 34 40 36 36 17 191 $ 38,595 $ 38,595

1.2.2.2 SGR Reach 4 Sampling 6 6 $ 960 $ 960

1.2.2.3 Post-Event Summary Report 1.2 3 6 12 21 $ 5,217 $ 5,217

1.2.1.3 Wet Weather Monitoring - 3rd Event 11 26 46 40 36 42 17 218 $ 44,772 $ - $ 44,772

1.2.3.1 Receiving Water Sampling (Excluding Reach 4) and SWOF Sampling 8 20 34 40 36 36 17 191 $ 38,595 $ 38,595

1.2.3.2 SGR Reach 4 Sampling 6 6 $ 960 $ 960

1.2.3.3 Post-Event Summary Report 1.2 3 6 12 21 $ 5,217 $ 5,217

1.2.4 Wet Weather Monitoring - 4th Event 2 12 11 17 14 18 6 80 $ 16,082 $ - $ 16,082

1.2.4.1 Receiving Water Sampling (Excluding Reach 4) 1 8 3 16 14 12 5 59 $ 11,612 $ 11,612

1.2.4.2 SGR Reach 4 Sampling 6 6 $ 960 $ 960

1.2.4.3 Post-Event Summary Report 1.2 1 4 8 1 1 15 $ 3,510 $ 3,510

1.2.5 Non-Event - 1st Event 4 7 16 11 11 4 53 $ 10,736 $ - $ 10,736

1.2.5.1 Preparation and Mobilization 2 4 16 11 11 4 48 $ 9,325 $ 9,325

1.2.5.2 Non-Event Summary Report 1.2 2 3 5 $ 1,411 $ 1,411

1.2.6 Non-Event - 2nd Event 4 7 16 11 11 4 53 $ 10,736 $ - $ 10,736

1.2.6.1 Preparation and Mobilization 2 4 16 11 11 4 48 $ 9,325 $ 9,325

1.2.6.2 Non-Event Summary Report 1.2 2 3 5 $ 1,411 $ 1,411

1.2.7 Dry Weather Monitoring - 1st Event 2 4 14 1 21 $ 4,985 $ - $ 4,985

1.2.7.1 SJC and WCW Sampling and SGR Reach 4 Observation 1 2 10 1 14 $ 3,246 $ 3,246 Total Hours Labor Costs Other Direct Costs (ODCs) [Materials, Equipment, Transportation, etc.] Total Firm Costs LWA
Task No. Task Description
Senior Project ManagerEnvironmental Scientist (Biologist)Associate Environmental Scientist I
Project Engineer IIIProject Engineer II
Scope of
Services
Deliverable
Numbers
Senior Project Engineer IIContract Coordinator
5/17/2023 17 of 61 2024-25 Cost Estimate
Cost Estimate for Upper San Gabriel River EWMP Group Coordinated Integrated Monitoring Program $ 317 $ 259 $ 226 $ 198 $ 193 $ 160 $ 151
Total HoursLabor CostsOther Direct Costs (ODCs)
[Materials, Equipment, Transportation, etc.]
Total Firm Costs
LWA
Task No. Task Description
Senior Project ManagerEnvironmental Scientist (Biologist)Associate Environmental Scientist IProject Engineer IIIProject Engineer II Scope of
Services
Deliverable
Numbers
Senior Project Engineer IIContract Coordinator

1.2.7.2 Post-Event Summary Report 1.2 1 2 4 7 $ 1,739 $ 1,739

1.2.8 Dry Weather Monitoring - 2nd Event 2 4 14 1 21 $ 4,985 $ - $ 4,985

1.2.1.8.1 SJC and WCW Sampling and SGR Reach 4 Observation 1 2 10 1 14 $ 3,246 $ 3,246

1.2.1.8.2 Post-Event Summary Report 1.2 1 2 4 7 $ 1,739 $ 1,739

1.3 Aquatic Toxicity Monitoring and TIEs 6 30 12 48 $ 12,384 $ - $ 12,384

1.3.1 Toxicity Monitoring - 1st Site 1 5 2 8 $ 2,064 $ - $ 2,064

1.3.1.1 Aquatic Toxicity - 1st Site 1.3 1 2 3 $ 711 $ 711

1.3.1.2 TIE - 1st Site 1.3 1 4 5 $ 1,353 $ 1,353

1.3.2 Toxicity Monitoring - 2nd Site 1 5 2 8 $ 2,064 $ - $ 2,064

1.3.2.1 Aquatic Toxicity - 2nd Site 1.3 1 2 3 $ 711 $ 711

1.3.2.2 TIE - 2nd Site 1.3 1 4 5 $ 1,353 $ 1,353

1.3.3 Toxicity Monitoring - 3rd Site 1 5 2 8 $ 2,064 $ - $ 2,064

1.3.3.1 Aquatic Toxicity - 3rd Site 1.3 1 2 3 $ 711 $ 711

1.3.3.2 TIE - 3rd Site 1.3 1 4 5 $ 1,353 $ 1,353

1.3.4 Toxicity Monitoring - 4th Site 1 5 2 8 $ 2,064 $ - $ 2,064

1.3.4.1 Aquatic Toxicity - 4th Site 1.3 1 2 3 $ 711 $ 711

1.3.4.2 TIE - 4th Site 1.3 1 4 5 $ 1,353 $ 1,353

1.3.5 Toxicity Monitoring - 5th Site 1 5 2 8 $ 2,064 $ - $ 2,064

1.3.5.1 Aquatic Toxicity - 5th Site 1.3 1 2 3 $ 711 $ 711

1.3.5.2 TIE - 5th Site 1.3 1 4 5 $ 1,353 $ 1,353

1.3.6 Toxicity Monitoring - 6th Site 1 5 2 8 $ 2,064 $ - $ 2,064

1.3.6.1 Aquatic Toxicity - 6th Site 1.3 1 2 3 $ 711 $ 711

1.3.6.2 TIE - 6th Site 1.3 1 4 5 $ 1,353 $ 1,353

1.4 Obtain Access Permits 1.4 4 8 20 10 4 46 $ 10,064 $ 10,064

1.5 Equipment Malfunction Maintenance (Optional) 8 24 24 2 58 $ 14,478 $ - $ 14,478

1.5.1 Equipment Malfunction Maintenance - 1st Event 4 12 12 1 29 $ 7,239 $ - $ 7,239

1.5.1.1 Equipment Malfunction Maintenance with Minor Replacement 1.5 1 2 2 5 $ 1,287 $ 1,287

1.5.1.2 Equipment Malfunction Maintenance with Limited Equipment Replacement 1.5 1 4 4 9 $ 2,257 $ 2,257 5/17/2023 18 of 61 2024-25 Cost Estimate
Cost Estimate for Upper San Gabriel River EWMP Group Coordinated Integrated Monitoring Program $ 317 $ 259 $ 226 $ 198 $ 193 $ 160 $ 151
Total HoursLabor CostsOther Direct Costs (ODCs) [Materials, Equipment, Transportation, etc.]Total Firm Costs LWA
Task No. Task Description
Senior Project ManagerEnvironmental Scientist (Biologist)Associate Environmental Scientist IProject Engineer IIIProject Engineer II Scope of
Services
Deliverable
Numbers
Senior Project Engineer IIContract Coordinator

1.5.1.2 Equipment Malfunction Maintenance with Complete Equipment Replacement 1.5 2 6 6 1 15 $ 3,695 $ 3,695

1.5.2 Equipment Malfunction Maintenance - 2nd Event 4 12 12 1 29 $ 7,239 $ - $ 7,239

1.5.2.1 Equipment Malfunction Maintenance with Minor Replacement 1.5 1 2 2 5 $ 1,287 $ 1,287

1.5.2.2 Equipment Malfunction Maintenance with Limited Equipment Replacement 1.5 1 4 4 9 $ 2,257 $ 2,257

1.5.2.3 Equipment Malfunction Maintenance with Complete Equipment Replacement 1.5 2 6 6 1 15 $ 3,695 $ 3,695

1.6 Install New or Relocated Monitoring Site (Optional) 9 18 48 3 78 $ 18,816 $ - $ 18,816

1.6.1 Straightforward Installation 1.6 2 4 8 1 15 $ 3,629 $ 3,629

1.6.2 Intermediate Installation 1.6 3 6 16 $ 6,121 $ 6,121

1.6.3 Complex Installation 1.6 4 8 24 2 38 $ 9,066 $ 9,066

2.0 Non Stormwater (NSW) Outfall Screening and Monitoring 26 44 72 20 64 16 12 254 $ 56,594 $ - $ 56,594

2.0 Non Stormwater (NSW) Outfall Screening and Monitoring (Optional) 12 34 120 32 8 206 $ 46,058 $ - $ 46,058

2.1 NSW Outfall Screening (Optional) $ - $ - $ -

2.1.1 NSW Outfall Screening - 1st Event 2.1 $ - $ -

2.1.2 NSW Outfall Screening - 2nd Event 2.1 $ - $ -

2.1.2 NSW Outfall Screening - 3rd Event 2.1 $ - $ -

2.2 Identification of Outfalls with Significant NSW Discharge (Optional) 2.2 $ - $ -

2.3 Significant NSW Discharge Source Investigations (Optional) 12 34 120 32 8 206 $ 46,058 $ - $ 46,058

2.3.1 Draft Significant NSW Discharge Source Investigations Plan and Schedule 2.3 4 8 24 2 38 $ 9,066 $ 9,066

2.3.2 Final Significant NSW Discharge Source Investigations Plan and Schedule 2.3 1 2 8 11 $ 2,643 $ 2,643

2.3.3 Significant NSW Source Investigations 2 14 56 32 4 108 $ 22,640 $ 22,640

2.3.4 Draft NSW Outfall Screening and Source Identification and Investigation Technical Memorandum 2.4 4 8 24 2 38 $ 9,066 $ 9,066

2.3.5 Final NSW Outfall Screening and Source Identification and Investigation Technical Memorandum 2.4 1 2 8 11 $ 2,643 $ 2,643

2.4 Significant NSW Discharge Outfall Monitoring 6 16 24 8 16 4 74 $ 16,218 $ - $ 16,218

2.4.1 NSW Outfall Monitoring - 1st Event 3 8 12 4 8 2 37 $ 8,109 $ - $ 8,109

2.4.1.1 Unaddressed Significant NSW Discharge Monitoring 2 6 8 4 8 1 29 $ 6,219 $ 6,219 5/17/2023 19 of 61 2024-25 Cost Estimate
Cost Estimate for Upper San Gabriel River EWMP Group Coordinated Integrated Monitoring Program $ 317 $ 259 $ 226 $ 198 $ 193 $ 160 $ 151
Total HoursLabor CostsOther Direct Costs (ODCs) [Materials, Equipment, Transportation, etc.]Total Firm Costs LWA
Task No. Task Description
Senior Project ManagerEnvironmental Scientist (Biologist)Associate Environmental Scientist IProject Engineer IIIProject Engineer II Scope of
Services
Deliverable
Numbers
Senior Project Engineer IIContract Coordinator

2.4.1.2 Post-Event Summary Report 2.5 1 2 4 1 8 $ 1,890 $ 1,890

2.4.2 NSW Outfall Monitoring - 2nd Event 3 8 12 4 8 2 37 $ 8,109 $ - $ 8,109

2.4.2.1 Unaddressed Significant NSW Discharge Monitoring 2 6 8 4 8 1 29 $ 6,219 $ 6,219

2.4.2.2 Post-Event Summary Report 2.5 1 2 4 1 8 $ 1,890 $ 1,890

2.5 Illicit Discharge Notification $ - $ - $ -

2.5.1 NSW Outfall Screening - 1st Event 2.6 $ - $ -

2.5.2 NSW Outfall Screening - 2nd Event 2.6 $ - $ -

2.5.3 NSW Outfall Screening - 3rd Event 2.6 $ - $ -

2.6 Upstream Jurisdiction Notification Letters 8 8 16 1 33 $ 8,375 $ - $ 8,375

2.6.1 Upstream Jurisdiction Notification Letter - 1st 2.7 4 4 8 1 17 $ 4,263 $ 4,263

2.6.2 Upstream Jurisdiction Notification Letter - 2nd 2.7 4 4 8 16 $ 4,112 $ 4,112

2.7 Source of Pollutants Notification Letters 8 8 16 2 34 $ 8,526 $ - $ 8,526

2.7.1 Source of Pollutants Notification Letter - 1st 2.8 4 4 8 1 17 $ 4,263 $ 4,263

2.7.2 Source of Pollutants Notification Letter - 2nd 2.8 4 4 8 1 17 $ 4,263 $ 4,263

2.8 Update Water Quality Characteristics 2.9 2 8 16 4 1 31 $ 7,265 $ 7,265

2.9 Paper-Based Outfall Drainage Maps Digitization 2.9 1 2 4 32 2 41 $ 8,105 $ 8,105

2.10 Drainage Area Delineation 2.9 1 2 4 32 2 41 $ 8,105 $ 8,105